TELU RAM Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) The petitioner has laid challenge to the orders dated 22.02.2007, 16.01.2009 and 03.10.2013 (P19, P24/P25 & P28, respectively). Vide the first order dated 22.02.2007, the Collector, Rupnagar dismissed the petitioner's declaratory petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, claiming proprietary rights in respect of the land comprising khewat No.741 khatauni No.878, new Khasra Nos.303(0-10) & 450(7-9) i.e. old khasra No.1524(9-17) situated within the revenue estate of village Jhinjari, Tehsil Anandpur Sahib, District Ropar. The subsequent orders pertain to rejection of statutory appeals preferred by the petitioner against the Collector's order.

(2.) The petitioner's precise claim before the Collector was that he is proprietor of the village and is in cultivating possession of the suit land from the time of his forefathers i.e. since the year 1918-19. He further averred that the land was never used for common purposes hence does not vest in the Gram Panchayat as shamlat deh. He relied upon revenue entries in the jamabandis for the year 1918-19, 1934-35, 1942-43 and 1955-56 (P1 to P4). He specifically averred that being in cultivating possession of the subject land before 26.01.1950, he has become its owner in possession as per Section 2(g) of the 1961 Act.

(3.) The Gram Panchayat contested the petitioner's claim. While denying the petitioner's cultivating possession over the suit land for the claimed period, the Gram Panchayat took the plea that the subject land was reserved for common purposes, namely, charand (grazing ground) and gair mumkin khad. It was further averred that there was only one stray entry dated 18.03.1978 of possession of 3 kanal land out of khasra No.450 in the petitioner's name and that all the khasra Nos. claimed by him continue to be reserved for common purposes before and after the consolidation which took place in the year 1960-61.