RAM KUMAR Vs. THE COLLECTOR

JUDGEMENT

(1.) BY filing this writ petition, challenge has been made to an order dated 31.3.1994 (P -2), vide which, in appeal filed by respondent No. 3, the petitioners were ordered to be evicted from 2 marlas of land, falling in Khasra No. 218/1. As per facts on record, respondent No. 3 -Bhoop Singh filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short 'the Act') seeking ejectment of the petitioners, from the above small piece of land.

(2.) IT was alleged that the petitioners are in possession of more than 5 marlas of land, under ownership of the Gram Panchayat. However, during demarcation, authenticity of which was doubted by the petitioners, they were found in possession of 2 marlas of land falling in Khasra No. 218/1. It transpires that they had merged that small piece of land into their adjoining land, falling in Khasra No. 362. The parties led evidence and after looking into the demarcation report and statements made by the witnesses, the Assistant Collector 1st Grade, vide order dated 14.7.1993, dismissed application, filed by respondent No. 3.

(3.) AGAINST above order, respondent No. 3 went in appeal, which was allowed, vide the impugned order dated 31.3.1994. When reversing order passed by the competent authority, in the impugned order, it was observed as under : -