CHARAN SINGH Vs. JOINT DIRECTOR, PANCHAYATS, PUNJAB

JUDGEMENT

(1.) THE petitioners pray for issuance of a writ of certiorari quashing orders dated 29.05.1985 (Annexure P -1) and 16.08.1988 (Annexure P -3), passed by the District Development and Panchayat Officer (exercising the powers of Collector) and the Joint Director, Panchayats, Punjab, ordering the eviction of the petitioners and dismissing their appeal, respectively.

(2.) COUNSEL for petitioner no.2 submits that even as per the case set up by the Gram Panchayat, the land, in dispute, is situated within the "Abadi Deh" of the village and is the site of the petitioners' house. Section 2(g)(1) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') excludes the "Abadi Deh" of a village from "Shamilat Deh" but includes the "Abadi Deh" only to the extent provided by Section 2(g)(4) of the Act.

(3.) THE Gram Panchayat has not adduced any evidence to prove the ingredients of Section 2(g)(4) of the Act. As the land is not "Shamilat Deh", the impugned orders directing the petitioners' eviction are null and void. The evidence on record also proves that at the time of the partition of the country the land, in dispute, and other land was occupied by migrants from Pakistan and as the land, in dispute, falls within the "Abadi Deh" of the village, the writ petition may be allowed. Counsel for the Gram Panchayat submits that the land, in dispute, was part of khasra nos. 25 and 59, which were "Shamilat Deh". The mere fact that these khasra numbers were included in the "Abadi Deh" of village and, thereafter, assigned new khasra no.617, does not alter the nature of the land. The fact that the petitioners have failed to produce any order passed by rehabilitation authorities allotting the land, on their migration from Pakistan, disentitles the petitioners to any relief.