HARBHAJAN SINGH Vs. STATE

JUDGEMENT

(1.) Claiming that the land in question is Jumla Mushtarka Malkan property and he is in its possession as one of the proprietors, the petitioner has asked for the issuance of a writ of certiorari for the quashing of orders, Annexures P8 and P10.

(2.) The Gram Panchayat, respondent no.3, filed an application under Sections 4, 5 and 7 of the Public Premises (Eviction and Rent Recovery) Act,1973 (to be referred as the Act) read with the provisions of Punjab Gram Panchayat (Common Purposes) Lands Act, 1976, for ejectment of the petitioner from the land in question, on the ground that he is in unauthorised possession thereof. Respondent no.2 accepted the claim of Gram Panchayat and ordered ejectment of the petitioner, from the land vide Annexure P8. The petitioner filed appeal against that order but it was dismissed by respondent no.1 vide Annexure P10.

(3.) In reply to the claim of the petitioner, the stand of respondents is that he took the land on lease in the year 1965, for a period of two years and after expiry of lease period, vacated it. Later on, however, he entered into its possession, unauthorisedly, about 3-4 years prior to the filing of this petition. Therefore, according to them, he was rightly ordered to be ejected therefrom, on the application of respondent no.3 filed under the Act. Learned counsel for the parties have been heard and the records perused.