MANJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner is aggrieved by orders dated 6.2.2009 and 14.10.2010, passed by Collector and the appellate authority respectively, whereby his eviction has been ordered from the land in question.

(2.) Learned counsel for the petitioner has vehemently argued that authorities under the Public Premises Act had no jurisdiction to entertain application on behalf of State of Punjab. They completely erred in directing eviction of the petitioner. According to him, petitioner never came into possession of the property through any allotment, lease or grant. Thus, he cannot be evicted under provisions of Public Premises Act. It is not a case where lease/allotment has been cancelled and petitioner is declared unauthorized occupant. He has placed reliance on judgment Raj Kumar Devindra Singh Vs. The State of Punjab, 1973 AIR(SC) 66. According to him, copy of Jamabandi for 2002-03 Samat (1945-46 AD) (Annexure P-10) would show that predecessors of the petitioner were owners in possession of land much prior to enactment of Public Premises Act.

(3.) It appears, earlier also the Forest Department filed a petition under sections 4 and 5 of the Act, seeking eviction of petitioner from land measuring 45 Kanals 05 Marlas on the ground that he was unauthorized occupant thereof. As petitioner failed to appear on one date, he was proceeded ex-parte. On 11.10.1991, his eviction from the land was ordered. He unsuccessfully challenged his eviction in appeal before the Commissioner. Thereafter, he preferred a writ petition before this court which met the same fate. On a Special Leave Petition being preferred before the apex court, matter was remanded to the Collector for decision afresh. Petitioner took the plea that land was in possession of Capt. Gobinder Singh who was ADC to Maharaja Patiala as owner, even earlier to 1943-44. Prior to formation of State of Punjab, Maharaja Patiala issued Farman-e-shahi and Capt. Gobinder Singh was made absolute owner of the land in his possession and mutations were also sanctioned on that basis. Due to some mistake, mutation of land measuring 26 Bighas 06 Biswas could not be entered which land is now subject matter of dispute. This chunk of 26 Bighas 06 Biswas was converted into 45 Kanals 05 Marlas and was handed over by Gobinder Singh to his wife Amar Kaur in lieu of claim for maintenance. Amar Kaur became owner of the land by virtue of Section 14 of the Hindu Succession Act. Petitioner claims to be real nephew of Amar Kaur and relies upon Will dated 3.8.1999 executed by her in his favour. According to petitioner, State of Punjab filed a suit against Amar Kaur in respect of land measuring 12 Kanals 19 Marlas. Though same was decreed and warrants of possession were issued but possession could never be delivered. After death of Amar Kaur, petitioner has become owner of the land, also by way of adverse possession. After perusal of record, the Collector came to the conclusion that property in question belongs to State of Punjab and petitioner needed to be evicted being unauthorized occupant thereof. Findings were unsuccessfully challenged before the appellate authority. Aggrieved, present writ petition has been filed.