TIKKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant writ petition, the petitioners seek the quashing of the order dtd. 14/7/2011 (Annexure P-11) passed by respondent No. 3, whereby the application filed by the Gram Panchayat concerned, under Sec. 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act of 1961') was allowed, and, also seek the quashing of the order dtd. 4/4/2012 (Annexure P-14), passed by respondent No. 2, whereby the appeal filed against the supra dtd. 14/7/2011, was dismissed, and, the said order became affirmed.

(2.) It is averred in the instant petition, that initially the land onwers including the present petitioners had filed an application under Sec. 11(1) of the Act of 1961 with a prayer thereins, that the land described as Shamlat Deh Hasab Rasad Zare Khewat, was in possession of the land owners prior to the year 1942-43, and, thus the same was not shamlat deh land. Through an order dtd. 15/11/1994, passed by the learned Collector concerned, the said application was allowed, and, the applicants therein were declared to be the owners to the extent of their share of the land shown as Shamlat Deh Hasab Rasad Jar Khewat. The order (supra) was challenged by the Gram Panchayat concerned, through the filing of an appeal before the statutory appellate authority concerned, however, the said appeal was dismissed through an order made thereons on 21/5/1997.

(3.) Subsequently, the Gram Panchayat concerned preferred CWP No. 16196 of 1996 before this Court, which became dismissed by a Division Bench of this Court, through an order made thereons on 3/11/1997. Being aggrieved therefrom, the Gram Panchayat concerned, approached the Apex Court, and, preferred SLP (Civil) No. 5129 of 1998, which became also dismissed vide order dtd. 27/3/1998.