BILLU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal is directed against the order of the learned Single Judge passed in CWP No.18885 of 2022 decided on 26/8/2022 whereby ejectment orders passed regarding 41 kanals 6 marlas had been upheld.

(2.) The argument that notice should have been issued to him before filing of the eviction petition was repelled on account of fact Sec. 4 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as 'Act') did not prescribe notice prior to the filing of the eviction petition. Similarly, it was noticed that the appellant has been recorded as 'gair marusi' as per entry in the revenue record and therefore, it did not give the right to as such to the writ petitioner of lawful possession. Perusal of the paper book would show that initially the appellant had himself filed civil suit for permanent injunction to the effect that he was owner in possession since long time on the land in dispute as given in the head note of the suit. Injunction was granted to him on 27/1/2014(Annexure P-4) by the Civil Court holding out that since his possession was there, therefore, the defendants should be restrained from dispossessing the plaintiff from the suit property illegally and forcibly, except in due course of law.

(3.) Nagar Council Bareta had claimed that they managing the suit property for the welfare of people and possession has been taken illegally by the plaintiff and they were recovering possession as per law under the Act. Thus the appellant had never filed any suit for declaration stating that he had ownership of the property and only on account of the possession he had sought an injunction. He did not claim possession on the basis of any title as such and neither he claimed benefit of adverse possession. Initially the eviction petition had been dismissed on 21/2/2018(Annexure P-5) on the premise that there were restraint orders by the civil court. The said order was set aside and matter was remanded to the Collector on 31/5/2018 (Annexure P-6) eventually leading to the eviction order being passed on 26/7/2019 (Annexure P-7). The appeal was thereafter, dismissed by the Collector on 18/5/2022 (Annexure P-8) while noting that revenue record shows the entry mentioned Jumla Mustarka Rasad Raqba. Reliance was placed on the decision of the Apex Court rendered in State of Haryana through Secretary to Government of Haryana vs. Jai Singh and others; 2022(2) RCR (Civil) 803 to the extent that management and control of such land vest with the Panchayat and it does not revert back to the proprietors.