RAM PARKASH Vs. JOINT DIRECTOR, PANCHAYATS, PUNJAB

JUDGEMENT

(1.) The petitioners are residents of village Bhatta Dhua, Tehsil Jagraon, District Ludhiana. They have laid challenge to the order dated 23.06.1988 (P2) passed by the Joint Director, Panchayats -cum - Appellate Authority under the Punjab Village Common Land (Regulations) Act, 1961 whereby the appeal preferred by respondent - Gram Panchayat against the order of the Collector dated 25.07.1986 was allowed and eviction petition of the Gram Panchayat has been decreed.

(2.) Suffice it to mention here that the Gram Panchayat in its petition under Section 3, 5 & 7 of the Act claimed that the management of the land measuring 134 kanal 17 marla, a part of which was in possession of the petitioners or their predecessors, was "under its control" and that the petitioners or the private respondents had no concern with the same. The petitioners (their predecessors) contested the claim of the Gram Panchayat on the plea that the land was owned by shamlat patti and since it was not reserved for any 'common purpose', it did not fall within the ambit of Section 2(g)(v) of the Act.

(3.) The Collector dismissed the Gram Panchayat's petition observing that land was owned by shamlat patti and it already been partitioned amongst the proprietors before 1945 -46 as could be seen from the entries made in the jamabandi for that year. It was further observed that the land was never used for common purposes.