GUJJAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The challenge in the present writ petition is to an order dated 14.07.1999 passed by the District Development and Panchayat Officer exercising the powers of the Collector on an application in terms of The Punjab Public Premises and Land (Eviction and Rent Recovery, Act, 1973 (for short the Act) in respect of the land measuring 107 Kanals 19 Marlas. The appeal against the said order stands dismissed on 05.06.2008.

(2.) Still aggrieved, the petitioner has filed the present writ petition. A perusal of the order passed by the Collector shows that Gram Panchayat approached the Collector asserting that the land in question was leased by the Panchayat in the year 1996-97 but the same was occupied by the petitioner unauthorizedly. The stand of the present petitioner in the written statement is that the land belongs to Jumla Mushtarka Malkan and, therefore, Gram Panchayat has no concern with the land.

(3.) The learned Collector found from the Jamabandi that Gram Panchayat is the owner of the land. The land was leased out for the year 1996-97 but due to the possession of the present petitioner, the Panchayat did not receive lease money for the year 1997-98 and 1998-99 and that the petitioner has failed to bring any document regarding his legal possession.