SMT. MALI Vs. COLLECTOR, MOHINDERGARH & OTHERS

JUDGEMENT

(1.) This order will dispose of CWP Nos. 12539, 12540, 12541 & 12542 of 1994 and 13647 of 1995. To dictate order, facts have been taken from CWP No. 12539 of 2004 titled Smt. Mali Vs. Collector, Mohindergarh & others. By filing this writ petition, the petitioner has laid challenge to an order dated 27.12.1993 (Annexure P2) vide which, she was ordered to be ejected from the land measuring 1 kanal 2 marlas falling in khasra No. 122/10. As per jamabandi for the year 1992-93 (Annexure P1), land is shown in the ownership of Gram Panchayat and in self-cultivation of the panchayat deh, nature of land is shown as gair mumkin pahad (mountains).

(2.) The above order was passed on an application filed by Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, the 'Act') alleging that the petitioner was in unauthorised occupation of Gram Panchayat's land to the extent as referred to above. Prayer was to eject her from the said piece of land. The Collector, on 27.12.1993, ordered her ejectment. Relevant portion of the order reads thus:

(3.) Petitioner went in appeal which was dismissed by the appellate Court on 25.05.1994. Appellate Court also, perused the entries in the jamabandi referred to above, ordered ejectment of the petitioner after placing reliance upon a demarcation report dated 11.10.1992, showing construction raised by the petitioner in the land in dispute which otherwise was in the ownership of the Gram Panchayat.