ROCHAN SINGH Vs. JOINT DIRECTOR PANCHAYATS

JUDGEMENT

(1.) THIS petition is directed against orders dated 23.11.1981 (Annexure P.3) and 16.1.1984 (Annexure P.4) passed by District Development and Panchayat Officer (exercising the powers of Collector), Rupnagar (respondent No. 2) and Joint Director, Panchayats (exercising the powers of Commissioner), Punjab (respondent No. 1) respectively under the Punjab Village Common Lands (Regulation) Act, 1961 (for short, 'the Act').

(2.) THE facts necessary for deciding the writ petition are that respondent No. 3 - Balwant Singh filed an application under Section 11 of the Act for eviction of the petitioners by alleging that they had encroached on the land belonging to Gram Panchayat, Lutheri which was reserved for construction of Harijans Dharamshala. He further alleged that the petitioners had constructed a wall at the site without obtaining permission from the Gram Panchayat and the Sarpanch had not taken action against them because he was personally inimical towards him.

(3.) RESPONDENT No. 2 vide his order dated 23.11.1981 allowed the application filed by respondent No. 3 and directed that the petitioners be evicted from the land in question. He held that the Gram Panchayat was the owner of the land and the petitioners had encroached upon the same. He discarded the judgments and decrees dated 30.1.1968 and 30.11.1971 passed by Senior Sub Judge, Ropar and Additional District Judge, Patiala respectively by observing that petitioner No. 1 was a party to the resolution passed for construction of the Dharamshala and, therefore, he was estopped from questioning the title of the Gram Panchayat.