SUCHA SINGH Vs. JOINT DIRECTOR PANCHAYATS

JUDGEMENT

(1.) THIS petition is directed against order dated 13.9.1985 (Annexure P2) passed by Joint Director, Panchayats, Punjab [exercising the powers of Commissioner under the Punjab Public Premises and Lands (Eviction and Rent Recovery) Act, 1973].

(2.) A perusal of the record shows that Gram Panchayat, Iben Khurd, Tehsil and District Amritsar (respondent No. 3) filed an application under Sections 4 and 5 of the Punjab Public Premises and Lands (Eviction and Rent Recovery) Act, 1973 (for short 'the Act') for eviction of the petitioners, respondent No. 4 and one Pal Singh from the land measuring 8 kanals comprised in khasra No. 12R/19, Khata/Khatoni Nos. 215/318 by claiming that it was owner of the land and they had unauthorisedly occupied the same. District Development and Panchayat Officer, Amritsar (exercising the powers of the Collector under the Act) vide his order dated 31.12.1982 virtually rejected the application of respondent No. 3 by observing that respondents No. 1 to 3 including the petitioners herein were in possession of the disputed land since 1935-36 as per the revenue record and their names continued to appear in the jamabandis. On appeal, Joint Director, Panchayats, Punjab reversed the finding recorded by the Collector and ordered the eviction of the petitioners by assigning the following reasons :-

(3.) IN my opinion, there is no merit in the argument of the learned counsel and I do not find any justification to interfere with the finding of fact recorded by the Joint Director, Panchayats, Punjab because the petitioners have not produced any of the documents to which reference has been made in the affidavit of petitioner No. 2 to substantiate their plea that they are entitled to continue to occupy the land in dispute. For the reason stated above, the writ petition is dismissed. Petition dismissed.