TAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant writ petition is directed against the concurrently made verdicts of eviction, respectively rendered by the Collector concerned dtd. 13/6/2022 (Annexure P-1), and, by the Commissioner concerned dtd. 5/9/2023 (Annexure P-7).

(2.) The dispute in the present case is regarding the land measuring 01 kanal and 12 marla. In respect of the same, Gram Panchayat, Ghall Kalan, Block Moga - 2, Tehsil and District Moga, moved an application for eviction of the petitioner and others before the District Development and Panchayat Officer-cum-Collector (Panchayat Lands), Moga, under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') through Simranjit Singh, Sarpanch. The said eviction application was allowed vide order dtd. 13/6/2022 after passing a detailed speaking order and taking into consideration the evidence/witnesses produced by both the parties. Further, eviction of the present petitioner and others from plot of 32 marla common land in the occurrence of the village Ghall Kalan Pati Mehar under Abadi Deh having Khewat No.1073/1021, Khatauni No.1381, Khasra no.283 (593 Kanal), having paved brick road in East (Surak), road in West (Rab), the paved brick road in South was ordered. Further ordered that the plot of Nirmal Singh son of Dalip Singh in North be immediately vacated.

(3.) The present petitioner went in appeal against order dtd. 13/6/2022 under Sec. 7(2) of the Act before the Joint Development Commissioner (IRD) (Exercising the Power of the Commissioner) Rural Development and Panchayats Department, Vikas Bhavan, Sector 62, SAS Nagar (Mohali)-respondent No.2 herein. The same was dismissed vide order dtd. 5/9/2023 by passing a detailed speaking order. Aggrieved by the same, the petitioner has filed the present writ petition impugning the order dtd. 13/6/2022 (Annexure P-1) passed by respondent No.3 and order dtd. 5/9/2023 (Annexure P-7) passed by respondent No. 2.