ZAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition is filed to quash the order of the 2nd. respondent dated 30. 11. 1978 vide Annexure P-2 as confirmed by the Ist respondent in his order dated 19. 12. 1980 vide Annexure P-3.

(2.) THE petitioners filed an application under Section 11 of the Punjab Village Common Lands (Regulation) Act 1961 claiming that they are the owners in possession of the land measuring 320 Kanals 8 Marlas, bearing Khewat/khatuani Nos. 69/146 to 162, 70/163 to 167, Killa No. 1/23, 24, 25, 2/20, 4/26, 5/2, 314, 2/5, 7, 8, 9, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22/6/15,16,17, 24, 25, 8/3, 4, 5, 6, 7, 8, 14,15, 9/1, 10, 11, 71, 72, 20/16, 17/2/23/2, 23/3, 5, 6, 2/23/1 2/24/2/1, 24/1/1, 4/1/1, 2/22/3, 22/4, 22/2, 22/1, 4/1/2, 5/10, 2/21, 1/22, 5/15/1, 2/18/1, 2/18/3, 18/2, 2/19/2, 2/18/4, 19/1, situated in village Mallunangal, Tehsil Ajnala, District Amritsar. According to the petitioners, the said land was allotted to them during consolidation of holdings in the village in lieu of the land of Patti Pero of the village Mallu Nangal of which the petitioners and their ancestors were in the cultivating possession of their shares in the said patti. According to the petitioners, the land of Patti Pero was never used and recorded in the revenue papers for the use of village community and the said land was cultivated by its owners as co-sharers according to their respective shares. According to the petitioners, the said land did not fall within the definition of Shamlat deh as defined in Section 2 (g) of the Punjab Village Common Lands (Regulation) Act, 1961, but it was wrongly mutated in the name of the Gram Panchayat which is respondent No. 3 in this writ petition. Having come to know about the mutation in favour of the Gram Panchayat, the petitioners filed an application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'act' ). The said application was dismissed by the Collector vide his order dated 30. 11. 1978 on the ground that the land was mutated in the name of the Gram Panchayat during the year 1961-62 vide mutation No. 1109 and there was no evidence that the petitioners or their ancestors were in possession of the land prior to 1950 and that even according to Jamabandi for the year 1973-74 the Gram Panchayat was shown as the owner of the said land and no right was accrued to the petitioners at any stage. Therefore, he dismissed the application filed by the petitioners. Against the said order of the Collector, Amritsar, the petitioners filed an appeal to the Commissioner, Jalandhar Division, Jalandhar, who allowed the said appeal and set aside of the Order of the Collector dated 7. 9. 1977 and remanded the matter to the Collector for passing a detailed and well reasoned order after hearing the parties. After remand, the Collector passed his order dated 30. 11. 1978 vide Annexure P-2 dismissing the application of the petitioners. Again the petitioners preferred an appeal to the Joint Director, Panchayats, Punjab, who by his order dated 18. 12. 1980 vide Annexure P-3 dismissed the appeal and confirmed the order of the Collector dated 30. 11. 1978 vide Annexure P. 2.

(3.) THE land in dispute was comprised in the Khewat/khataunis and Killa numbers mentioned in the earlier part of the judgment. In support of their claim, the petitioners are relying on the entries in the Jamabandi for the year 1961-62 which is attached to the writ petition as Annexure P-4. Even in Annexure P-4, in the remarks column, it has been stated that according to mutation No. 1109, change of ownership, the total area 325 Kanals 11 Marlas has been mutated in the name of the Gram Panchayat of the Village, though in column No. 2, it is mentioned as Shamlat Patti Pero according to the shares mentioned in the pedigree table. The Khatauni Nos. mentioned in Annexure P-4 are as follows:" 81/38 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, and 131.