LACHHMAN SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for setting aside the order dated 16.04.1985 (Annexure P-5) passed by the Collector under Section 4 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (in short "the Act") whereby eviction of the petitioner has been ordered and the order dated 08.01.1988 (Annexure P-7) passed by the Commissioner (Appeals), Patiala and Ferozepur Divisions, Patiala whereby appeal filed by the petitioner has been dismissed. Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondent-Municipal Corporation, Ludhiana filed a petition against the petitioner under Section 4 of the Act for ejectment from the land measuring 36 kanals 8 marlas comprised of khasra No. 18//5, 6, 19//1/1, 1/2, 1/3/1, 10, 11/1, 19/1 on the ground of ownership and alleging that petitioner is an unauthorized occupant of the land in question. Darshan Singh, who was a big landlord, was the original owner in possession of the land in question. The land in question along with other land situated in village Partapsinghwala was declared surplus, since 1980 the land was lying un-utilised. The petitioner being a landless agricultural worker, came into possession in a part of the land in question in the year 1965. At that point of time, the land in dispute was lying baron and uncultivated. Thereafter, the petitioner made the land in dispute cultivable by dint of his hard work and by spending huge amount. The petitioner also installed a tubewell and also constructed the rooms in the year 1971 for his residence. It is further averred that jamabandis for the years 1972-73, 1977-78 and 1982-83 clearly indicates the possession of the petitioner as tenant paying 1/3rd 'batai' As per the provisions of the Punjab Utilization of Surplus Area Scheme, 1973 (in short "the Scheme"), the petitioner became an "eligible person" being in occupation as a tenant and in any case as a landless agricultural worker. Para No. 2(c) of the Scheme defines the term "eligible person" which reads as under:

(2.) In pursuance to notices, the respondents have put in appearance. Respondent No. 3 filed reply alleging that Lachhman Singh filed civil suit in 1982 for the relief of declaration besides permanent injunction against the defendants of the suit which included the Municipal Corporation, Ludhiana. The said suit was dismissed as withdrawn as far back as in the year 1983. The petitioner has not disclosed about the said suit in the instant writ petition. It is further averred that the petitioner also filed civil suit which was also dismissed, being not maintainable and without jurisdiction. The averments of para No. 2 of writ petition have not been denied. It is specifically mentioned that the petitioner is currently in possession of the land in dispute and for that reason, proceedings under the provisions of the Act have been initiated. The averments as to who was in possession since 1950 and ownership of Darshan Singh have also not been denied. Even the averments in the petition that the petitioner, being a landless agricultural worker has been in continuous possession of the land in question since 1965 have been denied for want of knowledge. In other words, respondent No. 3 has admitted the possession of the petitioner on the land in dispute. The averments made in para No. 6 of the writ petition with regard to manipulation of entries in revenue record by Darshan Singh showing Surinderjit Singh in possession have been denied in entirety. It is averred that there is no verdict of authority saying that the petitioner is not entitled to claim the land in dispute on the basis of facts mentioned in para No. 6 of the petition, meaning thereby that respondent No. 3 has admitted the averments of that para. Respondent No. 3 has also admitted the contents of para No. 7 of the writ petition. Para No. 7 of the writ petition reads as under:

(3.) I have heard learned counsel for the parties and perused the record.