GURVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since both the petitions arise from a common order, made by the Appellate Authority concerned, and, as becomes embodied in Annexure P-6, therefore, both the petitions are amenable to become decided through a common verdict becoming made thereons.

(2.) The Gram Panchayat village Randhawa, instituted a petition under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961, and, under Ss. 4, 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, seeking therein the relief that the petitioners herein, respondents therein, becoming evicted from the petition khasra numbers. The said petition is appended to the writ petition as Annexure P-4. The learned Collector concerned, dismissed the plea, as raised by the Gram Panchayat in the above said petition. However, thereafter in an appeal becoming preferred thereagainst, by the the aggrieved-Gram Panchayat, before the Appellate Authority concerned, the latter reversed the verdict, as became initially recorded by the learned Collector concerned. The verdict as recorded by the learned Collector concerned is embodied in Annexure P-6.

(3.) Though, in the revenue records, the petition land is described as Gair Mumkin Chappar/pond, however, yet the learned Collector concerned, in dismissing the said petition, rested the said verdict, on the ground, that since the said chappar/pond existed within the abadi deh, thereupon, the existences of a pond, but within the abadi deh of the petition land, rather saved it from vestment in the Gram Panchayat concerned. Resultantly the learned Collector concerned, came to a conclusion, that the Gram Panchayat was not entitled to either claim, that the enchroached upon Gair Mumkin Chappar rather was meant for the common user of the entire village proprietary body nor the Gram Panchayat concerned, was well enabled to claim that the respondents therein were not entitled to raise any construction thereons.