KALA SINGH Vs. COMMISSIONER HISSAR DIVISION

JUDGEMENT

(1.) The petitioner has filed this petition for the issuance of an appropriate writ quashing the orders passed by the Assistant Collector Ist Grade, Fatehabad and the Collector Hissar, dated 6th April, 1983 and 5th July, 1983, copies Annexures P-1 and P-2 respectively to the petition.

(2.) The short point that needs determination in this case is whether the land regarding which the Gram Panchayat, Boswal, respondent (sic) in filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) (sic) the Gram Panchayat or not. The case of the Gram Panchayat (sic) Application filed under section 7 of the Act was that the land (sic) Shamlat Deh had vested in the Gram Panchayat and that (sic) was in unauthorised occupation of the same, be ejected (sic) was allowed by the Assistant Collector on 6th April, (sic) the petitioner against the said ejectment order was dismissed by the Collector on 5th July, 1983.

(3.) The only plea raised before us by the learned counsel for the petitioner, is that the land in dispute did not vest in the Gram Panchayat, that the proprietors were the owners of the said land and that this is that land which was reserved for the income of the Gram Panchayat during consolidation proceedings. On the basis of these averments, the learned counsel submits that with regard to such land, no application could lie under Section 7 of the act.