SARWAN Vs. JOINT DIRECTOR PANCHAYATS

JUDGEMENT

(1.) The petitioners are Harijans and are residents of village Dadoa, tehsil and district Patiala. In the year 1956, a proclamation was made by the Gram Panchayat, Mardanheri that Banjar Qadim Jungal variety of land was available for being given on perpetual lease. One Mangal, son of Kanhaiya, father of the petitioners, took 151 Kanals 19 Marias of land from the Gram Panchayat. He reclaimed that land and made it cultivable. There was an understanding between him and the Gram Panchayat as an assurance had been given by the latter that he would not be ejected from the land in dispute. Thereafter, the father of the petitioners made other improvements. It is further averred that on finding that the land had become rich in produce, the Gram Panchayat started taking steps to forcibly evict the father of the petitioners with the result that a suit for permanent injunction against the Gram Sabha was brought in the Civil Court, which was disposed of by the learned Sub Judge, 1st Class, Nabha, on March 29, 1969, with the following observations:

(2.) It is next averred that on 6th April, 1970, the Gram Panchayat (Respondent No. 3) filed an application under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) for ejectment of father of the petitioners. It was asserted in the application that the petitioners' father was in unauthorised and illegal possession of the land in dispute. The application was contested by the petitioners' father. On consideration of the entire matter, the application for ejectment was dismissed by the Assistant Collector 1st Grade, Patiala vide his order dated September 24, 1971 (copy Annexure P. 2 to the petition.) The Gram Panchayat did not file any appeal against that order of the Assistant Collector. However, on February 27, 1974, another application under Section 7(2) of the Act was filed by the Gram Panchayat against the petitioners' father, which was contested by him on merits. The Assistant Collector, on consideration of the entire matter, again did not find any merit in the application and dismissed the same vide his order dated December 4, 1974 (copy Annexure P. 3 to the petition). Against that order of the Assistant Collector also, no appeal was preferred by the Gram Panchayat. In spite of the fact that earlier two petitions under Section 7(2) of the Act had been dismissed, the Gram Panchayat did not resist and again filed a petition under Section 7 of the Act on May 9, 1981, for the ejectment of the petitioners. But, this time the Collector, who was seized of the matter, accepted the application, held the petitioners to be in unauthorised occupation of the land in dispute and passed an order of ejectment vide his order dated August 24, 1982 (copy Annexure P-6 to the petition). Feeling aggrieved from the order of the Collector, the petitioners preferred an appeal but they did not succeed as their appeal was rejected by the Joint Director, Panchayats, Punjab (Respondent No. 1), vide his order dated October 19, 1984 (copy Annexure P-9 to the petition).

(3.) Feeling aggrieved from the orders of the appropriate authorities, the petitioners have filed this petition in this Court under Articles 226 and 227 of the Constitution of India calling in question the legality of the said orders of Respondents Nos. 1 and 2 dated October 19, 1984 and August 24, 1982 (copies Annexure P. 9 and P. 6 respectively). The petition came up for motion hearing on August 29, 1984, when notice of motion was issued. In obedience to that notice, the respondents put in appearance. The Bench heard the arguments on January 10, 1985, and observed thus :-