SHANKAR Vs. JOINT DIRECTOR, PANCHAYATS, PUNJAB

JUDGEMENT

(1.) THIS petition is directed against order dated 8.2.1985 (Annexure P3) vide which Joint Director, Panchayats, Punjab (exercising the powers of Commissioner) (respondent No. 1) allowed the appeal filed by respondent Nos. 4 and 5 under Section 11(2) of the Punjab Village Common Land (Regulation) Act, 1961 (for short 'the Act'), set aside order dated 9.8.1984 passed by District Development and Panchayat Officer (exercising the powers of Collector), Jalandhar (respondent No. 2) and directed that possession of the land measuring 59 kanals 4 marlas comprised in Khasra No. 37 be handed over to the Gram Panchayat. The facts :-

(2.) RESPONDENT Nos. 4 and 5 filed a petition under Section 11 of the Act for restoration of the possession of the land comprised in Khasra No. 37 situated in village Chak Guru to the Gram Panchayat by alleging that the petitioners had unauthorisedly occupied the same. On notice, the petitioners appeared and filed reply to contest the application of respondent Nos. 4 and 5. They claimed that they had purchased the land in dispute from Smt. Harbhajan Kaur (respondent No. 3). On being directed by respondent No. 2, they filed an affidavit that they will not make encroachment on the panchayat land. Thereafter, respondent No. 2 disposed of the petition of respondent Nos. 4 and 5 vide his order dated 9.8.1984, the relevant portion of which is reproduced below :-

(3.) SHRI M.S. Kang, learned counsel for the petitioners submitted that he is not pressing the petitioners' challenge to the locus standi of respondent Nos. 4 and 5 to file petition under Section 11(1) of the Act, but argued that the impugned order is liable to be set aside because while indirectly declaring the Gram Panchayat as the owner of the disputed property, respondent No. 1 did not consider the evidence produced by the petitioners in the form of sale deed showing the purchase of land from respondent No. 3 and the affidavit filed by them that they had not encroached upon the panchayat land.