RELU SINGH Vs. JOINT DEVELOPMENT COMMISSIONER, PUNJAB

JUDGEMENT

(1.) The petitioners pray for issuance of a writ, quashing orders Annexures P-1 and P-4, dated 9.4.1999 and 15.7.1999, passed by District Development and Panchayat Officer-cum-Collector and the Joint Development Commissioner, respectively, allowing the application filed by the Gram Panchayat, under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) and dismissing their appeal, respectively.

(2.) Counsel for the petitioners submits that the petitioners filed an application, under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, claiming ownership of the land in dispute. The Divisional Deputy Director, Rural Development and Panchayats, Patiala, vide order dated 13.6.1985, dismissed the petition by holding that the petitioners have failed to prove their possession "since" 26.1.1950, but also held that the land in dispute is not "Shamilat deh". The finding that the land in dispute is not "shamilat deh", prohibits the Gram Panchayat from filing a petition under Section 7 of the Act.

(3.) Counsel for the Gram Panchayat submits that khasra numbers mentioned in the petition, filed under Section 11 and Section 7 of the Act, are different. The petition under Section 11 of the Act, was dismissed by holding that the petitioners have not been able to prove their ownership. The finding that the land is not "shamilat deh" was incidental and, therefore, does not bind the Gram Panchayat. Even otherwise, as the petition filed under Section 11 of the Act was dismissed, the Gram Panchayat could not file an appeal, against a finding.