PREM SINGH Vs. JOINT DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) SARVESHRI Prem Singh and Ajmer Singh petitioners have filed the present writ petition under Articles 226/227 of the Constitution of India against the Joint Director of Panchayats, Punjab, Chandigarh exercising the powers of Commissioner, respondent No. 1, Gram Panchayat Village Lalru, respondent No. 2 and the District Development and Panchayat Officer-cum-Collector, Patiala, respondent No. 3 praying for the issuance of a writ in the nature of certiorari for quashing and setting aside the impugned order dated 4. 9. 1987, Annexure P. 1 passed by Shri Narinder Sarup, Joint Director Panchayats Punjab, exercising the powers of Commissioner, in Appeal No. 309 of 1983 under Section 11 of the Punjab Village Common Lands (Regulation)Act, 1961 and for the restoration and upholding of the orders dated 23. 11. 1982, Annexure P. 2 passed by Shri Joginder Singh Thind, Collector, (District Development and Panchayat Officer)Patiala.

(2.) THE case set up by the petitioners is that they filed an application on 19. 11. 1980 in the Court of Shri Joginder Singh Thind, Collector (District Development and Panchayat Officer), Patiala under section 11 of the Punjab Village Common I ands (Regulation) Act, 1961 for declaring the petitioners as owners of the land in question, on the grounds that they are in continuous possession of the land in question from the time of their fore-fathers and for the last more than 60 years. The land in question is situated in the abadi i. e. within the Lal Lakir and the land in question was never used for the benefit of village community and for common purposes. The notice dated 10. 10. 1980 served by the Panchayat upon the petitioners was wrong and illegal and the Panchayat had no concern with the land in question. This application was resisted by the Gram Panchayat which took the stand that the land in question vested in the Gram Panchayat and it was being used by the people of the village for their own use.

(3.) NOTICE of the writ petition was given to the respondents. Respondent No. 2 filed written statement and it was pleaded that the present writ petition was liable to be dismissed in view of the findings given by the lower Appellate Court in para No. 5 and 6 of the impugned order in which it was categorically held that the petitioners were in illegal possession of the land in dispute since 1980-81. This land in dispute has been shown as Gair Mumkin Johar which is used for the benefit of the community of the village and falls within the definition of shamilat deh as defined under section 2 (g) of the Punjab Village Common Lands (Regulation) Act, 1961. These findings are based on the jamabandi for the year 1980-81. The petitioners had failed to establish their possession over the land in question prior to January 26, 1950. Prem Singh, petitioner admitted in his statement on 3. 6. 1982, before the Collector that he had not constructed any house over the land in question. His house was separate and the door of his house opened towards the road. He had no paper regarding this land to establish that he had set up a gohara or khurili. He admitted that the land in question was a part of Toba. He did not produce any evidence to show that the land in his possession was prior to January, 1950. Since the answering respondent was the owner of the land in dispute being shamilat deh so it had started legal proceedings against the petitioners for their dispossession. Finally, it was prayed for the dismissal of the writ petition.