SIRI CHAND Vs. COMMISSIONER

JUDGEMENT

(1.) This order will dispose of Civil Writs Nos. 2283, 2284 and 2285 of 1969, which involve common questions of law and fact. I am, however, giving the facts from Civil Writ No. 2283 of 1969.

(2.) The petitioner and Gram Panchayat, Bhora Rasulpur, respondent No. 2 (hereinafter referred to as the Panchayat), are the rightholders of village Chhaddia Yusufpur, Tehsil Sonepat, District Rohtak. It is alleged by the petitioner that he was in cultivating possession of land bearing Khasra Nos. 839/734, 744, 677, 840/734 and 740, situated in the aforesaid village, from the times of his forefathers, as a co-sharer in the Shamilat Deh. It is further alleged that the land in his possession did not exceed the share to which he would have been entitled on partition of the Shamilat Deh. The Punjab Village Common Lands (Regulation) Act, 1953 (hereinafter referred to as the 1953 Act) came into force in 1954 and by virtue of Section 3, the land was mutated in the name of the Panchayat. Consolidation proceedings were carried out in the said village in the year 1955-56 and thereafter, it is stated, the petitioner was allotted land bearing Rectangle No. 23, Killa Nos. 7/2, 14, 16/2, 21, 22, 25, and Rectangle No. 24, Killa Nos. 19 and 20/1 in lieu of the aforementioned land. The Sarpanch of the Panchayat started meddling with the possession of the petitioner and as a result thereof, proceedings under Section 145 of the Criminal Procedure Code were taken by the Ilaqa Magistrate. He held that the petitioner was in possession of the aforesaid land. The Panchayat filed a civil suit No. 83 of 1959 for possession of the land against the petitioner, in the Court of Subordinate Judge Ist Class, Sonepat, who decreed the same in favour of the Panchayat vide his order dated June 29, 1960. The petitioner went up in appeal against the judgment and decree of the Subordinate Judge Ist Class, to the Senior Subordinate Judge, with enhanced Appellate Powers, Rohtak, who accepted the same in part and passed a decree for joint possession. No further appeal was filed against the judgment and decree of the first appellate Court.

(3.) Thereafter, the 1953 Act was repealed and in place thereof, the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the '1961 Act'), came into force. The Panchayat, in the year 1966, filed an application under Section 7 of the aforesaid Act for possession of the land in dispute. The petitioner filed objections against that application. The Assistant Collector dismissed the application vide his order dated January 4, 1967. The Panchayat went up in appeal against that order to the Collector, who set aside the order of the Assistant Collector and remanded the case to him with a direction that he might decide it afresh on merits after considering the various aspects raised by the counsel for the parties as detailed in his order, vide his order dated June 20, 1967. The Assistant Collector Ist Grade, before whom the case came up after remand, allowed the application of the Panchayat on April 29, 1968. The petitioner went up in appeal against that order to the Collector, who accepted the same and dismissed the application of the Panchayat vide his order dated September 18, 1968. The Panchayat filed an appeal against the order of the Collector to the Commissioner, respondent No. 1, who accepted the same on July 16, 1969 (copy Annexure 'G'), and ordered the ejectment of the petitioner. The petitioner has challenged the order of the Commissioner dated July 16, 1969, by way of this writ petition.