SHINGARA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed. Consequently, delay of 15 days in refiling the appeal is condoned.

(2.) The appellant has filed the instant Letters Patent Appeal under Clause X of the Letters Patent, challenging the judgment dated 23.8.2016 passed by the learned Single Judge, dismissing Civil Writ Petition No.17082 of 2016 filed by the petitioner (appellant herein), wherein the prayer for quashing the proceedings recorded in the Roznamcha of the Patwari dated 21.05.2015 recording delivery of possession was declined.

(3.) Briefly stated the facts of the case, as stated by the appellant, are that the Muslims, who were the inhabitants of the village Sudan, migrated to Pakistan in 1947. The land belonging to the Muslims was allotted to various allottees. A mutation with respect to the shamilat land was sanctioned illegally in favour of the Gram Panchayat, on 19.10.1957. The mutation does confer any title in the Gram Panchayat. Since the land was Banjar Qadim and was being used for common purposes, therefore, it did vest in the Gram Panchayat under the provisions of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the 1961 Act"). The land, being Banjar Qadim, was allotted to the various occupants, including the predecessors-in-interest of the petitioner for a period of 20 years under the provisions of the East Punjab Utilisation of Lands Act, 1949 (hereinafter referred to as "the 1949 Act"), which expired in 1983. However, the occupants continued to hold the land in dispute.