HARBHAJAN SINGH Vs. GRAM PANCHAYAT OF VILLAGE OTTU

JUDGEMENT

(1.) Petitioners are facing litigation since from the year 1979. They are in possession of 71 kanal and 17 marla of land, which is claimed in its ownership by respondent No.1 (the Gram Panchayat). In the year 1979, the Gram Panchayat filed an application under Section 7 of the the Punjab Village Common Lands (Regulation) Act, 1961 (in short, the Act) to eject the petitioners from the above land. After a gap of about nine years, final order was passed by the Assistant Collector 1st Grade on 28.10.1988 and the Gram Panchayat's application was dismissed. It was specifically observed that the Gram Panchayat has failed to prove its ownership in the property in dispute and as such it has no right to get the petitioners ejected from the land in dispute. Relevant portion of the order reads thus:-

(2.) Gram Panchayat went in appeal which was dismissed by the appellate Court on 11.3.1989. Gram Panchayat respondent No.1 came to this Court by filing CWP No.268 of 1990, which was disposed of by a Division Bench of this Court in the month of July 1990 on a ground that without exhausting remedy under Section 13B(2) of the Act, the Gram Panchayat had approached this Court. It was observed as under:-

(3.) Liberty was granted to the Gram Panchayat to approach the Commissioner against order referred to above. It was not done. Revision petition was not filed within the stipulated time as given by this Court.