MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOHINDER Singh and others have filed the present writ petition under Articles 226/227 of the Constitution of India for the issuance of the directions for the quashment of the impugned orders (Annexure P1, P3 to P6) against the State of Punjab, Gram Sabha/gram Panchayat, Chharbar, Tehsil Rajpura, District Patiala, and District Development and Panchayat Officer, Patiala alleging that they are the residents of village Chharbar and in continuous possession of the land measuring 4 Bighas 15 Biswas, comprised in Khasra Nos. 206/217 situated in the revenue limit of village Chharbar, Tehsil Rajpura. In the year 1973 the Gram Panchayat (respondent No. 2)tried to take forcible possession of the land in dispute treating it as a Shamilat Deh. The petitioners approached the Civil Court, which vide judgment Annexure P1 held that the petitioners could not be dispossessed except in due course of law. After the decision of the Civil Court the Gram Panchayat instituted the proceedings under Section 7 (2) Punjab Village Common Lands (Regulations) Act 1961 (hereinafter referred to as 'the Act') for the eviction of the petitioners from the Shamilat land and the Assistant Collector Grade-I, Rajpura, after accepting the evidence, came to the conclusion that the petitioners are in possessions of the land in dispute from 1948 to Rabi 1974 as reported by the Patwari. The Patwari reported that the share of the petitioners comes to 32 Bighas and 8 Biswas in the Shamilat land. Therefore, the Assistant Collector ordered that the petitioners are in cultivating possession of the land measuring 32 Bighas and 8 Biswas prior to 26th January, 1950 and the application under section 7 of the Act was rejected vide order Annexure P2. against the order dated 27th February, 1975 (Annexure P2) both the Gram Panchayat and the petitioners filed an appeal before the collector, who vide order dated 12th June, 1975 (Annexure P-3) accepted the appeal of the Gram Panchayat. The petitioners then filed a revision before the Commissioner, who dismissed the same vide order dated 5th December, 1977 (Annexure P4 ). Thereafter the petitioners filed an application under Section 11 of the said Act, claiming right in the Shamilat land but their application was rejected vide judgment dated 22nd August, 1979 (Annexure P5) passed by the District Development and Panchayat Officer, Patiala. The petitioners filed an appeal before the Joint Director, Panchayats, Punjab, who vide Judgment dated 7th March, 1980 (Annexure P6)rejected the appeal of the petitioners. It is alleged by the petitioners that the orders Annexures P1, P3 to P6 are illegal, unconstitutional and against the principles of natural justice because the copies of the Jamabandis and the revenue records clearly show that the petitioners are in continuous possession of the land in dispute since Rabi 1950 and even prior to that. In support of this contention the petitioners have relied upon Annexures P7 to P10.

(2.) ACCORDING to the petitioners the land in dispute does not fall within the definition of Section 2 (g) of the Act; rather it comes within the exception as the petitioners are in individual cultivating possession before the appointed date, i. e. 26th January, 1950. It has also been averred that the judgment of the Civil Court (Annexure P1) could not determine the rights of the petitioners in the Shamilat Land as the jurisdiction of the Civil Court was barred under Section 13 of the paid Act. The land in dispute is in the possession of the petitioners since 1948 and as such the judgment of the Civil Court, which has been relied upon by the different authorities, cannot be acted upon. Hence the writ petition.

(3.) I have heard Shri K. S. Doad, Advocate, on behalf of the petitioners, and Shri P. S. Chhinna, Senior Deputy Advocate General, Punjab, on behalf of the respondents, and with their assistance have gone through the record of this case.