RAMJI DASS; ZAIL SINGH Vs. DIRECTOR, CONSOLIDATION OF HOLDINGS, PUNJAB & ORS ; COMMISSIONER, PATIALA DIVISION, PATIALA & ORS

JUDGEMENT

(1.) By way of this order, we shall decide Civil Writ Petition No.1410 of 1987 and Civil Writ Petition No.15771 of 1995 as they involve adjudication of common questions of law and relate to the same land. Before we record our opinion, it would be appropriate to refer to the facts of both petitions.

(2.) Zail Singh, a private respondent in Civil Writ Petition No.1410 of 1987 and the petitioner in Civil Writ Petition No.15771 of 1995, alongwith others, filed a petition under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the 1948 Act) for partition of the land, in dispute. The Director, Consolidation of Holdings, Punjab, vide order dated 19.7.1985, held that as the land was created after applying an excessive pro-rata cut, it has to be returned to proprietors as it is bachat land. The Sarpanch of the Gram Panchayat filed an application for review of this order, but the application was dismissed on 24.9.1986. The Sarpanch, of the Gram Panchayat has, filed Civil Writ Petition No.1410 of 1987 to challenge orders passed by the Director, Consolidation, divesting the Gram Panchayat of land allotted during consolidation and order dismissing his petition, filed under Section 42 of the 1948 Act.

(3.) During pendency of this writ petition, the Gram Panchayat, filed a petition under Sections 4, 5 and 7 of the Punjab Public Premises and Land Eviction and Rent Recovery Act, 1973 (hereinafter, referred to as, 1973 Act), for eviction of Zail Singh and others. The petition was allowed by the Collector, Sub Division Nabha, vide order dated 27.5.1994. An appeal, filed by Zail Singh and others, was dismissed on 16.11.1994, by the Commissioner, Patiala Division, Patiala. Civil Writ Petition No.15771 of 1995 has been filed by Zail Singh to challenge these orders of eviction, on the ground that as the Director, Consolidation, Punjab, has vide order dated 19.7.1985, held that the land does not vest in the Gram Panchayat and ordered its partition amongst proprietors, the petition for eviction, filed under Sections 4, 5 and 7 of the 1973 Act is not maintainable, and the impugned orders are null and void.