CHAND SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) This is a petition for quashing orders dated 8.6.1983 (Annexures P-8 and P-9) passed by District Development and Panchayat Offi-cer, Faridkot, and Rent Recovery) Act, 1973 (for short, "The Act") (respondent No. 2) and orders dated 24.12.1984 (Annexures P-10 and P-l 1) passed by Commissioner, Ferozepur Division, Ferozepur (respondent No. 3).

(2.) The petitioner's father-Jattu Singh is said to be in possession of the land measuing 54 Kanals 10 Marias situated in village Rehurian Wali, Tehsii Muknar comprised in Khasra No. 18/2(3-16), 22/4(0-10), 23/2 (1-17) of Rect. No. 35, Khasra Nos.2/1 (5-2), 6/2 (0-9), 7/1(0-16) of Rect. No. 55, Khasra No. 4 (4-0), 14/2 (9-9), of Rectange No. 141, Khasra Nos.l9(1-13),20/l (0-10) of Rect. 61, Khasra No. 7/4 (1-16) of Rect. No. 55, Khasra No. 1/2 (5-17), 22(3-17) of Rect. N0.61,8(6-13), 9(1-18) of Rect. No. 55, which was recorded as Zumla Mushtarka Malkan in the Jamabandi for the year 1971-72. He i.e. Jatu Singh is said to have permitted Sarvshri Muktiar Sigh, Beera son of Arjan, Mithan Singh son of Kala Singh, Jaga Singh son of Nazar Singh, Mukand Singh son of Gajjan Singh Jagna Singh son of Waryam Singh, Jarnail Singh and Pala Singh and others to construct residential houses on different portions of the land. In 1977, Gram Panchayat, Rehurian Wali (respondent No. 1) through its Serpent filed an application under Sections 4 and 5 of the Act against Jetty Singh for eviction from 54 Canals 10 Marisa of land by claiming itself to be the owner and by describing him as unauthorized occupant. The same was dismissed by Collector, Muktsar vide order dated 20.7.1979 (Annexure P-2). Appeal filed by respondent No. l was dismissed by respondent No. 3 vide his order dated 21.10.1981 (Annexure P-3). After about one year and two months, respondent No. l filed an application under Sections 4 and 5 of the Act for eviction of Jang Singh son of Hari Singh from an area measuring 22 Kanals 14 Marias falling in Khewat No. 238, Khatoni No. 562, Khasra Nos.22/3(4-0) of Rect. No. 55 and Khewat No. 235 Khatoni No. 540, Khasra No. 142 (9-0). Similar application was filed for eviction of Jitta Singh son of Sajjan Singh from an area measuring 27 Kanals 15 Marias com prised in Khasra Nos.55M/2/1(5-2), 6/2(0-9), 7/4(1-6), 8(6-13), 9(1-18) in Khewat No. 238, Khatoni No. 558 and 61/M/19(1-13 and 20/1(0-10), 21/2(5-17), 22(3-17). In re sponse to the notices issued by respondent No. 2, Jang Singh and Jitta Singh appeared on 8.6.1983 and made statements (Annexure P-6 and P-7) that they were not in possession of the land and that the same was in the possession of Jattu Singh son of Kala Singh. Thereafter, respondent No. 2 passed orders Annexures P-8 and P-9 for eviction of Jang Singh and Jitta Singh and authorised Block Development and Panchayat Officer. Muktsar to take possession of the land specified in application Annexures P-4 and P-5.

(3.) The petitioner has averred that he did not have any knowledge about orders An- nexures P-8 and P-9 till 12.12.1983 when the patwari of the Village informed him about the same. He then obtained certified copies of both the orders and filed appeals which were dismissed by respondent No. 3 vide orders dated 24.12.1984 (Annexures P-10 and P-ll).