BHATERI DEVI Vs. FINANCIAL COMMISSIONER AND OTHERS

JUDGEMENT

(1.) The challenge in the present writ petition is to an order passed by the Financial Commissioner on 15.01.2014 dismissing an appeal against an order passed by the Commissioner on 30.07.2010 affirming the order passed by the Collector on 03.02.2009.

(2.) The Collector vide order dated 03.02.2009 decided a petition under Section 13-A of the Punjab Village Common Lands (Regulation) Act,1961 (for short the Act) filed by the Panchayat claiming ownership over the land measuring 60 Kanals 15 Marlas comprising in Khewat No.30/23 Khatoni No.262 Khasra No.223 as per Jamabandi for the year 1987-88. It was alleged that the land is mushtarka malkan left for grazing of cattle and for use as Johar (pond). It is also pleaded that there was consolidation of the village in the year 1961-62 and the area of 60 Kanals 15 Marlas was left for common purpose i.e. Johar and for cattle grazing. Such user was reflected in shart-vajib-ul-arj as well. It was thus alleged that Gram Panchayat is owner and in possession of the disputed property.

(3.) It is alleged that Banke Lal predecessor-in-interest of the present petitioner is wrongly recorded as owner in the revenue record and the present petitioner got the sale deed registered on 23.11.1990 which is liable to be set aside. It is the said suit which was decreed by the Collector on 03.02.2009.