SH PREM SINGH Vs. JOINT DIRECTOR PANCHAYATS

JUDGEMENT

(1.) GRAM Panchayat Village Panjour, Tehsil Garhshankar District Hoshiarpur (hereinafter referred as respondent No. 3) through its Sarpanch instituted an application under Section 7 of Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred as 'act') before the District Development and Panchayat Officer-cum-Collector, Hoshiarpur (hereinafter referred as respondent No. 2 ). A direction was sought that respondent-3 be put in possession of land measuring 5 marlas comprised in khasra No. 2171, Khewat No. 464, khatauni No. 1237 situated in the village as the land vests or deemed to have been vested in the Gram Panchayat. Reply to the application was filed by the petitioner. In the reply it was admitted that in the jamabandi in the ownership column the name of Gram Panchayat had been entered but in the column of cultivation, it is shown 'makbuja malkan'. That father of the petitioner was one of the proprietors in the village. That Khasra No. 2171 is shown 'gear Mumkin in Abadi' in possession of the father of petitioner since 1946. That the land did not vest in the Gram Panchayat.

(2.) RESPONDENT-3 did not lead any evidence in spite of six opportunities having been granted to it. Petitioner produced Amar Nath his 'mukhtiar Khas' as AW1 who proved the pleas taken by the petitioner in reply to the application for ejectment. This witness produced jamabandis for the year 1946-47 Ex. P2, 1953-54 Ex. Rs, 1958-59 Ex. R4,1968-69 Ex. R5, 1973-74 Ex. R6. In these jamabandis the land in dispute is entered 'shamlat deh hasab rasad khewat' in possession of 'makbuja Malkan' and its nature is mentioned as 'gair Mumkin Abadv. In the jamabandis 1958-59, 1968-69 the land in dispute is mentioned in the ownership of Gram Panchayat deh while all other entries remain the same. This witness also produced the receipt for Rs. 1282/-donated by the petitioner to the Gram Panchayat on 21st September, 1979. Respondent-2 inspected the spot on 12th August, 1979 and in his inspection report made the following observations;

(3.) RESPONDENT No. 3 being aggrieved filed an appeal before Joint Director Panchayats exercising the powers of Commissioner (hereinafter referred as respondent. 1 ). The appeal was accepted by respondent-1 vide order dated 18. 12. 1980 Annexure P3 to the writ petition. It was also held that in the jamabandi the land was shown to be under the ownership of Gram Panchayat and in the cultivation column the entry was 'makbuja Malkan'. From this it was concluded that the petitioner had failed to prove his ownership of the land and his possession. Appeal was accepted. Aggrieved against the order Annexure P3, petitioner has filed this writ petition. Written statement has been filed by respondent-3.