BACHNA Vs. GRAM PANCHAYAT, MEHMOODPUR JATTAN

JUDGEMENT

(1.) PRESENT writ petition has been filed under Articles 226/227 of the Constitution of India with a prayer to issue writ of certiorari quashing order dated June 7, 1995 (Annexure P-13), passed by respondent No. 3, and orders dated June 30, 1980 (Annexures P-8 and P-9), passed by respondent No. 2.

(2.) DISPUTE in this writ petition pertains to 23 Kanals 2 Marlas of land, which, as on today, is shown as ownership of the Gram Panchayat. It is apparent from the records that in the year 1965, proceedings were initiated under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, (for short the Act) for ejectment of the petitioner from land bearing Khasra Nos. 3//20(1-16), 21/1(6-1), 4//15(2-18), 16min(2-0), 17(8-0), 18/1(1-7), 23/2(1-0), measuring 23 Kanals 2 Marlas. That application was dismissed by the Collector vide order dated September 3, 1966, (Annexure P-5) wherein it was held that on this land, possession of the petitioner was for the last more than 12 years, without payment of any rent and accordingly notice for his ejectment from the land was withdrawn. Records further reveal that subsequent thereto, petitioner of his own filed an application under Section 11 of the Act with a view to get question of title regarding 23 Kanals 2 Marlas of land decided. It was his contention that prior to January 26, 1950, land in dispute was shown as Shamlat Deh Hesas Munderza Shajra Nasab and was in cultivating possession of the landowner. It was his further case that the land had wrongly been mutated in the name of the Gram Panchayat and in view of provisions of Section 2(g) of the Act, land never vested in the Gram Panchayat. During pendency of that application, Gram Panchayat also moved an application under Section 11 of the Act. Both these applications were consolidated and it was ordered that evidence led in application under Section 7 of the Act be also read in application under Section 11 of the Act. Vide order dated June 30, 1980, (Annexure P-8), application of the petitioner under Section 11 of the Act was dismissed and vide order of the same date (Annexure P-9), application under Section 7 of the Act was allowed and petitioner was ordered to be ejected from the land in dispute. He went in appeal. That too was dismissed by the appellate authority vide order dated June 7, 1985 (Annexure P-13). Hence this writ petition.

(3.) CONTENTIONS of counsel for the petitioner have vehemently been opposed by counsel for respondent No. 1, who argued that the Gram Panchayat, as per revenue record, was owner of the land in dispute. Since petitioner had failed to prove this possession prior to January 26, 1950, he was rightly ordered to be ejected from the property in dispute. Counsel further argued that the petitioner had failed to connect the land shown in documents Annexures P-1 to P-3 with the land in dispute. He prayed that the writ petition be dismissed being devoid of any substance.