MALKIAT SINGH Vs. THE DISTRICT COLLECTOR AND ORS.

JUDGEMENT

(1.) In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has challenged the order dated 27.11,2002 passed by the Assistant Collector 1st Grade, Tohana on an application filed by the Gram Panchayat under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') ordering the ejectment of the petitioner from the land in question; and the order dated 18.9.2003, passed by the Collector on the appeal filed by the petitioner upholding the aforesaid order of the Assistant Collector, 1st Grade.

(2.) The brief facts of the case are that on 9.1.2001, an application under Sec. 7 of the Act was filed by the respondent -Gram Panchayat for ejectment of the petitioner from the land measuring 1 Kanal 0 Maria from Khasra No. 110//5/3, which is part of a playground of the school of the village. It was alleged that as per Jamabandi for the year 1995 -96, the aforesaid Khasra number vests in the Gram Panchayat being Shamlat Deh and the petitioner has illegally occupied 1 Kanal 0 Maria of land out of the afore -said Khasra number.

(3.) Notice of the said application was issued to the petitioner. Despite due service through registered post, the petitioner did not appear. He was proceeded ex parte and the case was fixed for evidence. Some evidence was recorded but when the case was fixed for argument on 8.5.2002, the petitioner appeared before the Assistant Collector, 1st Grade and filed an application for setting aside the ex parte proceedings. The said application was allowed on payment of costs and the petitioner was permitted to file written statement. Thereafter, the petitioner filed written statement in which he has taken the stand that he had never occupied the disputed land and the allegation levelled against him that he is in illegal possession of Khasra No. 110//5/3 are absolutely false. The land is lying vacant and the same is not in illegal possession of the petitioner. It has also been stated that he had never used the land in question and, therefore, no penalty can be imposed upon him. After filing of the written statement, the Law Officer of the Gram Panchayat submitted that his earlier statement may be read into evidence. Thereafter, the petitioner was given opportunity to lead the evidence. His statement was recorded in which he had taken the stand that Khasra No. 110/5/3 is a bachat land and it does not vest in the Gram Panchayat. While referring to the Jamabandi for the year 1961 -62, which he has produced as Ex.D1. he stated that the land in dispute is possessed by Jumla Malkhan Digar Hakdasan Araji Hasab 'Rasad' and the same does not vest in the Gram Panchayat but wrongly in the Jamabandi for the year 2000 -2001, it was shown to be owned by the Gram Panchayat. The aforesaid stand taken by the petitioner in his statement was contrary to the written statement filed by him.