HARJINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This writ petition impugns the order dated 09.05.2013 passed by respondent No. 2 -cum -Appellate Authority under the Punjab Village Common Lands (Regulation) Act, 1961 (for short, 'the Act'), whereby the appeal preferred by Gram Panchayat against the order dated 24.05.2010 of the Collector, Hoshiarpur, has been allowed and on acceptance of the eviction petition filed under Sec. 7 of the Act, the petitioner has been ordered to be evicted from the land measuring 2 kanal 5 marla on the premise that the said land forms part of Khasra No. 32 which is a 'Gair Mumkin Pond' and vests in Gram Panchayat. It may be mentioned that the eviction petition filed by the Gram Panchayat was dismissed by the Collector, Hoshiarpur vide order dated 24.05.2010 (P -6) with a categorical finding that the disputed land shown in 'red' colour in Annexure -A was in possession of the petitioner where he had constructed a shed with boundary wall and has installed one hand -pump. The said site was held to be different then the land which forms part of Khasra No. 32 measuring 2 kanal 14 marla. The other finding given was that while the land in possession of the petitioner is within abadi deh, khasra No. 32 is outside the abadi deh. The Gram Panchayat went in appeal and the Appellate Authority vide order dated 18.05.2011 allowed its appeal. The aggrieved petitioner came to this Court in CWP No. 16699 of 2011 which was allowed vide order dated 01.11.2012 and the matter was remitted to the Appellate Authority for a fresh decision, with the following observations: -

(2.) The Appellate Authority has again allowed the Gram Panchayat's appeal, this time observing that as per the jamabandi for the year 2000 -01 the land in dispute falls in Khasra No. 32 whose total area is 12 kanal 14 marla and the same is recorded as "Gair Mumkin Pond".

(3.) Heard learned counsel for the parties. The record perused.