CHHATTU RAM Vs. JOINT DIRECTOR, PANCHAYATS, PUNJAB

JUDGEMENT

(1.) THROUGH the present petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing of orders dated 2.5.1983 and 26.10.1984 (Annexure P-1 and P-2) passed by the District Development and Panchayats Officer, Ferozepur, exercising the powers of Collector; and Joint Director Panchayats, Punjab, exercising the powers of Commissioner, respectively. Vide the aforesaid impugned orders, the application filed by the Gram Panchayat, Sardarpura, Tehsil Fazilka, District Ferozepur, under Sections 4 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short 'the Act') was allowed. Accordingly, the Gram Panchayat was held to be the owner in possession whereas the petitioner was held to be in unauthorised occupation of the suit land. The petitioner claimed that the land in dispute was Jumla Mushtarka Malkan, hence the Gram Panchayat has no right over the suit land. Thus, the petitioner could not be ordered to be evicted.

(2.) ON the other hand, the respondents have placed on record a report of the Patwari dated 29.10.1984 showing delivery of possession of the suit land having been given to the Gram Panchayat. Subsequent Khasra Girdawari entries also substantiate the above factual position.

(3.) MR . Khunger, however, states that in order to verify the afore-mentioned factual position, he tried to contact his client, but he has not responded despite registered letters sent to him.