MANI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this order, we shall dispose of Civil Writ Petition No. 3759 of 1987 titled "Mani Ram and others v. State of Punjab and others" and Civil Writ Petition No. 3 795 of 1987 titled "Dev Singh v. State of Punjab and others" as these arise out of same set of facts. For the sake of convenience, facts are taken from CWP No. 3759 of 1987. The petitioners pray for issuance of a writ of certiorari quashing orders dated 23.1.1984 (Annexure P -1) and dated 5.8.1986 (Annexure P -2) passed by the Collector/DDPO, Ropar and the Joint Director, Punjab (exercising the powers of Commissioner) dismissing their claim of ownership with regard to the land in dispute. 1A. As per averments of the petition, the petitioners are in possession of land measuring 5 kanals comprised in Khasra No. 264 situated in village Mullanpur Garibdas, Tehsil Kharar, before 26.1.1950. The Gram Panchayat of village Mullanpur Garibdas filed an application under Section 7 of the Punjab Village Common Lands Act, 1961 (hereinafter referred to as "the 1961 Act") for eviction of the petitioners. The application for eviction of the petitioners was allowed in favour of the Gram Panchayat. The petitioners filed a petition under Section 11 of the 1961 Act claiming title to the land in dispute by alleging that they are in cultivating possession of the land through their predecessors prior to 26.1.1950. The Collector/DDPO, Ropar, vide order dated 23.1.1984 dismissed the petition under Section 11 of the 1961 Act. The petitioners filed an appeal against the order of the Collector before the Joint Director, Panchayat, Punjab. The Appellate authority dismissed the appeal of the petitioners vide order dated 5.8.1986 without providing an opportunity of hearing. The petitioners filed a review petition before the Appellate Authority which was dismissed vide order dated 4.11.1986. Respondent Nos. 2 and 3 failed to appreciate the evidence on record and wrongly recorded a finding that the petitioners have failed to establish their possession before 26.1.1950.

(2.) THE Gram Panchayat, in reply has averred that as the petitioners failed to adduce any evidence much less a revenue document to establish their plea of cultivating possession prior to 26.1.1950, the Collector rightly dismissed the petition and the Appellate Authority dismissed the appeal filed by them.

(3.) A perusal of averments of the petition as well as orders passed by the authorities would reveal that the petitioners claim their title to the land in dispute on the plea that they are in possession through their predecessors prior to 26.1.1950, therefore, the land is excluded from shamlat deh. To claim ownership on the basis of cultivating possession prior to 26.1.1950, a person in possession can invoke either Section 2(g)(iii) or Section 2(g)(viii) of the 1961 Act. The petitioners have not raised a plea that the land in dispute was partitioned amongst the co -sharers and the co -sharers came in individual cultivating possession thereof, to claim exclusion under Section 2(g)(iii) of the 1961 Act. As a necessary corollary, the petitioners claim their ownership by resorting to the exclusionary clause under Section 2(g)(viii) of the 1961 Act.