LACHHMAN Vs. JOINT DIRECTOR, PANCHAYATS, PUNJAB AND OTHERS

JUDGEMENT

(1.) Lachhman has filed this petition under Articles 226/227 of the Constitution of India to challenge the proceedings against him instituted by the Gram Panchayat of his village under Section 7 of the Punjab Village Common Lands (Regulation) Act 1961 (hereinafter referred to as the Act) for his ejectment from about 10K-13M land.

(2.) The Gram Panchayat had sought ejectment on the ground that it was the owner of the property and Lachhman was in its unauthorized possession. Lachhman appeared and pleaded that the Gram Panchayat was not the owner of the property and had never been in its possession. The property was an evacuee property vested with the Custodian and he was in possession since Rabi 1976. He had been paying the rent to Tehsildar (Sales), he had constructed a pucca kotha, a hut and a tubewell etc. on the land. Gram Panchayat examined witnesses and produced documentary evidence in form of jamabandies for the years 1975-76 and 1977-78, khasra girdawari etc. On the other hand, the petitioner produced witnesses as well as placed on record the jamabandies for the year 1960-61, 1977-78 and certain khasra girdawaries. He also placed on record receipt of Rs. 31.34 showing payment of rent of the evacuee land measuring 4K-17M.

(3.) The Collector came to the conclusion that Lachhman had succeeded in proving that the property was the evacuee property and had never vested in the Gram Panchayat. Entry in favour of the Gram Panchayat was made on the basis of some general instructions and shall not take this land out of the evacuee pool. The application was dismissed on May 19, 1980.