INDER SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) INDER Singh son of Saun Singh, resident of village Bharon, Tehsil and District Sangrur, the petitioner-herein has filed the instant writ petition under Articles 226/227 of the Constitution of India for quashing of the order dated 30.3.1983 (Annexure P-7) passed by respondent No. 3 and for restoration of the order dated 16.3.1981 (Annexure P-6) passed by respondent No. 2, with a further prayer for staying dispossession of the petitioner from Khasra Nos. 31//6(8-0) and 31//10(8-0), situate in village Bharon, Tehsil and District Sangrur.

(2.) ON 18.8.1980 the Gram Panchayat Village Bharon/respondent No. 1 through its Sarpanch filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short to be referred to as the Act) for ejectment of the petitioner from Khasra Nos. 31//6(8-0) and 32//10(8-0) on the basis of jamabandi for the year 1974-75. The petitioner contested the said application mainly on the ground that the Gram Panchayat is not owner of the land in dispute, which rather belongs to Jumla Mushtarka Malkan and it does not vest in Shamlat deh; that the mutation also does not exist in the revenue records. The District Development and Panchayat Officer, Sangrur (exercising the powers of Collector) dismissed the application of the Panchayat vide order dated 16.3.1981 (Annexure P-6). An appeal was filed by the Gram Panchayat before the Joint Director Panchayats, Punjab (exercising the powers of Commissioner). The same was allowed vide order dated 30.3.1983 (Annexure P-7). Hence this petition.

(3.) PURSUANT to the notice, return has been filed on behalf of respondent No. 1 whereas no return has been filed on behalf of respondents No. 2 and 3. Ms. Sonia Virk, learned State Counsel makes a statement at the Bar that she does not intend to file any separate return on behalf of respondents No. 2 and 3 and adopts the one already filed by respondent No. 1.