BHUPINDER SINGH Vs. DIRECTOR, RURAL DEVELOPMENT AND PANCHAYAT

JUDGEMENT

(1.) The petitioners filed an application under Section 11 of the Punjab Village Common Lands (Regulation) At, 1961 (in short "the Act") seeking title in the land measuring 64 kanals 1 marla. It was stated by them that they are residents of village Rajpura, Block and Tehsil Nabha, District Patiala and being the co-sharers are entitled to retain above said land forming part of the Shamlat Deh land. It was further stated that the land was Banjar Qadim in the year 1954 and was not used for common purposes.

(2.) After notice, reply was filed by the Gram Panchayat wherein it was stated that the petitioners are not bonafide residents of the village and the Gram Panchayat had been using the land in dispute for common purposes of the village. It was also stated that the petitioners were not in possession of the land as on 26.1.1950.

(3.) Both the parties led elaborate evidence. The Collector noted that the petitioners came in possession for the first time in the year 1974-75. It was so said by taking note of copies of the jamabandi on record. It was also observed that mutation was sanctioned in favour of the Gram Panchayat more than three decades ago and it was never challenged. Petitioners " application was dismissed on 17.9.2007. They went in appeal which was also dismissed on 12.12.2008. Relevant portion of the order dated 12.12.2008 reads thus:-