BHARTU Vs. GRAM PANCHAYAT, SIRSI

JUDGEMENT

(1.) THIS order shall dispose of three Civil Writ Petitions being C.W.P. No. 5004 of 1988. C.W.P. No. 5005 of 1988 and C.W.P. No. 5006 of 1988 as the common questions of law and facts are involved. For the sake of convenience, facts are taken out from C.W.P. No. 5004 of 1988.

(2.) ON December 10, 1987, respondent No. 1 Gram Panchayat, Sirsi filed a petition under the provisions of Public Premises Act seeking the eviction of the present petitioner, Bhartu. Even prior to the issuance of the notice upon Bhartu, an application was filed by the Gram Panchayat seeking conversion of the aforesaid petition to a petition under Section 7 of the Punjab Village (Common Lands) Regulation Act, 1961. The preliminary evidence on behalf of the Gram Panchayat was recorded. The Gram Panchayat placed reliance upon a resolution passed by the Gram Panchayat alongwith Khasra Girdawari and Jamabandi. Thereafter, a notice was issued to Bhartu.

(3.) THE matter was taken up in appeal. In total four appeals were filed. Three by the present petitioners in three writ petitions and the 4th by Jai Singh. Vide order dated April 26, 1988, the three appeals filed by the three present petitioners were rejected. The eviction order passed by the Assistant Collector, Ist Grade, Karnal was maintained. However, the appeal filed by Jai Singh was accepted by the Collector vide order dated April 27, 1988.