NAFIA Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) PETITIONERS in this writ petition are impugning Annexures P-l and P-2, order of the Assistant Collector and Collector respectively, vide which they were ordered to be ejected under j Section 7 (2) of the Punjab Village Common Lands (Regulation) Act, 1961 (in - short 'the Act' ).

(2.) IN brief, the facts are that Gram Panchayat, Sandil, sought ejectment of the petitioners, who are residents of village Sandil, under Section 7 (2) of the Act on the ground that they are in unauthorised possession of the land of the Panchayat. In reply, petitioners averred that they are in possession of the land in dispute for the last more than 50 years from the time of their 'grandfather and they are continuing in possession as owners. In support of their contention, petitioners produced copy of khasra girdawari for the years 1951 to 1956 (Exh. R-l), copy of khasra girdawari, (Exh. R-2) and copy of khasra girdawari for the year 1960- 61 (Exh. R-3 ). This was in order to show that their possession is shown in the revenue records since the year 1951. They also produced some witnesses, who in their statements stated that the petitioners had been in possession of the land in dispute from the time of their grandfather and the Panchayat has no concern whatsoever. The Panchayat produced Chhaju Ram, Sarpanch and Diwana Panch. Both of them though stated that Gram Panchayat was owner of the land in dispute, but in cross-examination, they admitted that. the land was never leased out to the petitioners and they had been in possession for a very long-long time. On the strength of the revenue record as well as statements so made before the Assistant Collector, the petitioners raised the plea of title and wanted the question of title to be determined under Section 13-A of the Act. For this, they relied upon the provisions of Section 7 of the Act which provide that if in any proceedings under Section 7 of the Act, the question of title is raised and that is proved prima-facie, the Assistant Collector 1st Grade shall decide the question of title under Section 13-A of the Act. This stand of the petitioners did not find favour with the Assistant Collector as the Assistant Collector was of the view that even if the possession of the petitioners is taken from the year 1950-51, then also they would not become owners because according to Section 4 (3) (ii) of the Act, possession for 12 years prior to 1953 is not proved. Consequently, the Assistant Collector ordered ejectment of the petitioners. This order was affirmed in appeal by the Collector. The petitioners have now challenged the orders of Assistant Collector and the Collector in the present writ petition.

(3.) HAVING heard the learned counsel for the petitioners, I am of the view that the writ petition deserves to succeed. Proceedings under Section 7 of the Act are summary in nature and question of title cannot be decided in the summary proceedings. Provisions of Section 7 of the Act provide that as and when prima-facie evidence is produced and question of title is raised, then the Assistant Collector would decide the question of title under Section 13-A of the Act. Against the proceedings under Section 7 initiated against them, the petitioners not only produced revenue record showing their possession since 1961, but also examined some witnesses who stated that the petitioners had been in possession for a very long-long time. The witnesses produced by the respondents admitted in their cross-examination that at no point of time, the land was given on lease or rent to the petitioners and petitioners had been in possession even before the witnesses had attained the age of discretion. From the impugned order, I find that the question of title was raised, but the Assistant Collector instead of proceeding with to decide the question of title under Section 13-A of the Act, passed an order of ejectment against the petitioners. In my view, the petitioners had brought on record prima-facie evidence and for that matter, the question of title was required to be determined under Section 13-A of the Act.