IQBAL SINGH Vs. DIRECTOR

JUDGEMENT

(1.) Civil Misc. No. 13097-CWP of 2013.

(2.) After taking the land on lease, the petitioner has dragged the Gram Panchayat in an unethical litigation which is continuing from the last more than two decades. Admittedly, he is not owner of the land in dispute and for his unauthorized occupation, he has not paid even a single penny to the Gram Panchayat towards use and occupation of that land. In a very clever and clandestine manner, the petitioner filed an application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 claiming title in the land in dispute being resident of the village. It is specifically stated that the Gram Panchayat is not owner of the land, which is subject matter of this litigation. The application filed on 1.3.2001 was dismissed by the Collector on 9.2.2004. The petitioner went in appeal which was also dismissed on 8.3.2005. Thereafter, he approached this Court by filing Civil Writ Petition No. 7546 of 2006, which was dismissed by a learned Single Judge of this Court on 30.3.2009. He succeeded in appeal when Letters Patent Appeal No. 403 of 2009 was allowed by this Court on 20.1.2010. Relevant portion of the order, passed by a Division Bench of this Court, reads thus:-

(3.) It is grievance of the petitioner that the Courts below have failed to comply with the directions issued by this Court in the Letters Patent Appeal No. 403 of 2009, which was allowed on 20.1.2010. It is stated that it was requisite for the Collector to give a finding as to whether Banjar Qadim land vest in the Gram Panchayat or not unless it is shown in the revenue record to be used for common purpose. Further contention of counsel for the petitioner is that without framing issues, the question of title has been denied.