SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners pray for issuance of a writ of certiorari for setting aside orders dated 19.10.2004 and 30.12.2009 (Annexures P3 and P5), passed by the Collector-cum-Divisional Deputy District Director, Rural Development and Panchayat, Patiala and the Commissioner, Rural Development and Panchayat, Punjab, respectively, under Section 11 of the Punjab "the 1961 Act"). Before proceeding to adjudicate the rights of the parties, it would be appropriate to narrate the relevant facts. The petitioners filed a suit for declaration of their ownership in respect of land, measuring 25 bighas 1 biswa, situated in the revenue estate of village Janetpur, Tehsil Derabassi, District Patiala, by pleading that they are in continuous possession of the land, in dispute before 26.01.1950, it is excluded from 'shamilat deh'. The petition filed by the petitioners was dismissed by the Collector, by holding that they have failed to establish their continuous possession since 1950. The petitioners preferred an appeal before the Appellate authority but the same was also dismissed.

(2.) The petitioners claim ownership of the land, in dispute, mainly, on two counts;

(3.) Counsel for the petitioners has placed reliance upon the jamabandi for the year 1940-41, to substantiate his contention that Inder Singh, predecessor-in-interest of the petitioners has been recorded to be in cultivating possession of land, in dispute. The jamabandi for the year 1960-61 records pre and post consolidation khasra numbers and the land, in dispute was allotted in lieu of khasra numbers previously in cultivating possession of said Inder. It is submitted that the Collector and the Commissioner have failed to appreciate the revenue record and wrongly ignored the entries in the jamabandies, showing continuous cultivating possession of the petitioners prior to 26.01.1950.