HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant writ petition, the petitioners have assailed the validity of the concurrently made orders of eviction, drawn on 10/5/2012 (Annexure P-6) and 14/12/2015 (Annexure P-14), respectively by the learned Collector concerned and by the learned Commissioner concerned. The challenge to the orders (supra) is premised on the ground that the petition land(s) is recorded, in the relevant revenue record, as 'abadi deh', therefore, by dint of provision of Sec. 2(g)(1) and Sec. 4 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), the petition land(s) does not vest with the Gram Panchayat concerned.

(2.) Before proceeding to examine the validity of the concurrently made eviction orders (supra), it would be apt to first deal with the factual backdrop of the present matter, as the case at hand bears a checkered history. FACTUAL BACKGROUND

(3.) The Gram Panchayat Attari, Block Kalanaur, Tehsil and District Gurdaspur, through its Sarpanch, instituted a petition under Sec. 7 of the Act of 1961, before the learned Collector concerned, thereby seeking the eviction of the present petitioners from the petition land(s). The eviction of the present petitioners was sought on the ground that, during consolidation, the petition land(s) was left for common purposes of the village proprietary body, however, the petitioners had illegally occupied this land.