GRAM PANCHAYAT, BALAD KALAN Vs. COMMISSIONER, PATIALA, DIVISION

JUDGEMENT

(1.) THE Gram Panchayat had filed an application under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) for ejectment of predecessor-in-interest of the private respondents on the premises that they were in unauthorised and wrongful possession of the land comprised in Khasra Nos. 1343, 1344, 1345, 1346, 1347, 1348, 1355, 1356 and 1357 Khata Nos. 204/338, 204/343, 206/351 measuring 68 Bighas 17 Biswas belonging to the Gram Panchayat. An order of eviction had been passed on 30.12.1966 which was challenged by way of an appeal and that the appeal was accepted and the matter was remitted for fresh decision. The parties were again heard and that vide order dated 28.7.1971, the eviction order had been passed. This order was never ever challenged by way of an appeal or revision at the instance of any of the parties. Pursuant to the aforestated order, an application had been filed by the Gram Panchayat for retrieving the possession accordingly. The warrants of possession had been issued. The respondents filed a Civil Suit on 1.5.1974 along with an interim application, the interim stay qua the possession had been granted. The suit was decreed by the trial Court and that the Gram Panchayat had been restrained from dispossessing the respondents on the premises that Gram Panchayat is not the owner. The order dated 28.7.1971, though having become final, became inexecutable. The judgment and decree of the trial Court was challenged by way of an appeal before the lower Appellate Court, which was dismissed, which was further challenged by way of Regular Second Appeal filed before this Court by the Gram Panchayat. The appeal was allowed on the premises that the jurisdiction of the Civil Court is barred under the provisions of the Act. Thus, the question of title could be decided only by way of filing an application under Section 11 of the Act.

(2.) RESULTANTLY , the petition under Section 11 of the Act was filed which was accepted vide order dated 5.5.1986 by holding that Gram Panchayat is not the owner. The Gram Panchayat challenged the aforestated order by way of an appeal before the learned Commissioner. The appeal was allowed vide order dated 20.6.1990, copy Annexure P-7, the order dated 5.5.1986 was set aside and Gram Panchayat permitted to proceed under Section 7 of the Act. This order was challenged by way of Civil Writ Petition before this Court and that the petition was allowed and the case was remitted to the learned Commissioner. The appeal of Gram Panchayat was dismissed by the learned Commissioner holding that the land did not vest in the Gram Panchayat. Feeling aggrieved against this order, the Gram Panchayat filed C.W.P. No. 419 of 1996. The petition was admitted and it was finally decided on 14.5.2003 by holding that the land in question was being used for common purposes, i.e. for "charand", therefore, it falls within the definition of Shamlat Deh. Copy of the judgment has been appended as Annexure P-9.

(3.) THE Gram Panchayat moved the learned Assistant Ist Grade, Sangrur for reviving of the execution application. The respondents filed frivolous objections which were dealt with vide order dated 6.10.2003. An order issuing the warrants of possession was granted. Against the aforestated order, an appeal was filed before the learned Collector, Sangrur, which was dismissed vide order dated 28.10.2003. This order was further challenged before the learned Commissioner, Patiala Division, Patiala. In the first instance, the execution was stayed and the case was fixed for hearing on 7.11.2003. Learned Commissioner allowed the appeal and remitted the case with the direction to appear before the Assistant Collector Ist Grade on 20.2.2004 for further proceedings. Since the order had been reserved and was pronounced on the aforestated date, a direction had been issued that the order be communicated to the parties, through their counsel. Learned counsel for the petitioner noted the order on 23.1.2004. This order is the subject-matter of challenge in the present petition.