MANOHAR SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) THIS judgment would dispose of CWP Nos. 12579, 12584, 12595, 12596 and 12597 of 2003, as common question of law and somewhat similar facts are involved. For brevity, the facts are being taken from CWP No. 12579 of 2003.

(2.) THE Gram Panchayat i.e. respondent Nos. 3 had filed an application under Sections 4, 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, for ejectment of the respondent-petitioners from the land in their occupation. This application has been decided by the learned Collector vide order dated November 29, 1999 and respondent-petitioners have been ordered to be rejected. It has been categorically held that pursuant to Jamabandi for the year 1991-92 the land, which is subject matter, is the ownership of the Gram Panchayat and that the respondent-petitioners are in unauthorized possession. However, they have claimed themselves to be the owners of the land but no prima facie document has been produced nor the remedy permissible under law to establish the factum had been initiated. Obviously for the reason that none is in their possession. The legality of the possession as well has not been established as no document has been produced for paying any lease money as lessees as well. Thus, the status of ownership or that of lessee has not been established before the Collector.

(3.) THE aforestated order of the learned Collector had been challenged by way of an appeal before the learned Commissioner, Ferozepur Division, Ferozepur, which has been dismissed vide order dated August 28, 2002. It has been categorically noticed that order of ejectment against the petitioner had been passed from the land measuring 31 Kanals 11 Marlas comprised in Killa Nos. 4M/11 (8-0), 5M/6 min (4-0), 24 min (2-0), 9(8-0), 6M/13 min (4-0), 16 min (5-11) situated within the Hadbast of village Chhanga Rai Hithar, tehsil and District Ferozepur. A reference had been made to an order October 21, 1986, passed by the learned Additional District, Consolidation of Holdings, Jalandhar, Punjab upon a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, that the land measuring 776 Kanals allegedly including the land in dispute, did not fall under the definition of Punjab Village Common Lands (Regulation) Act, 1961, therefore, the petitioners are entitled to hold this land.