KAKA SINGH Vs. COMMISSIONER, FEROZEPORE DIVISION AND ORS.

JUDGEMENT

(1.) WHETHER an application under Sections 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as 'the Act') by the Gram Panchayat for the eviction of a person in unauthorised occupation of its lands is not competent and not maintainable in view of the provisions of Section 13 -B of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Regulation Act') is the spinal question raised in this writ petition.

(2.) THE Gram Panchayat of village Loolwal filed an application under Sections 4 and 5 of the Act for the ejectment of Kaka Singh, Petitioner, from 10 marlas of land out of Khasra No. 538, measuring 4 Kanals 10 marlas situate in village Loolwal and belonging to it. It was alleged in the application that Kaka Singh was in unauthorised occupation of the land, in dispute, which was Shamilat deh and had vested in the Gram Panchayat. In reply to the notice issued by the Collector, Kaka Singh filed a written statement and pleaded inter alia that the application was not maintainable. The land, in dispute, did not fall within the definition of the 'public premises', as defined in the Act. The panchayat was estopped from filing the application, because a. previous suit filed by it had been dismissed by the civil Court on August 18, 1980. The land, in question, was not owned by the panchayat. It had been allotted to one Lachhman Singh alias Lachhman Dass for the purpose of abadi and roori (manure pit) at the time of consolidation of holdings in the village. Kaka Singh had purchased this land from the above -mentioned Lachhman Dass on 11th December, 1984. It adjoins his house and he had raised a compound wall thereon. He had also constructed a bath -room and prepared mangers for the cattle.

(3.) DISSATISFIED with the orders of the Collector, Kaka Singh filed an appeal and the same was dismissed by the Commissioner, Ferozepore Division, Ferozepore, - -vide his order, dated 20th January, 1982. The learned Commissioner came to the conclusion that the land, in dispute, was Shamilat deh. It belonged to the Gram Panchayat and was 'public premises' as defined by Section 2(e)(i) of the Act. Kaka Singh was in unauthorised occupation thereof. The provisions of the Act were applicable to the land, in dispute. Proceedings under the Act were competent in relation to the land, in dispute. He did not find any merit in the appeal and dismissed the same. Aggrieved the Petitioner Kaka Singh filed the present writ petition.