GURNAM SINGH Vs. ASSISTANT COLLECTOR

JUDGEMENT

(1.) This order will dispose of C.W.P. No. 6427 of 1974 and Civil Misc. Application Nos. 1328 and 1171 of 1977.

(2.) The facts of the case, briefly stated, are that Gurnam Singh writ petitioner was in possession of land measuring 34 bighas and 18 biswas comprised in Khasra Nos. 428 to 437 situate in village Pippal Mangoli. The Gram Panchayat of village Pippal Mangoli made an application under Section 7(2) of the Village Common Lands (Regulation) Act, 1961, for the eviction of Gurnam Singh from the aforesaid land, alleging that he was in an unauthorised possession of the same after the expiry of the lease. The Assistant Collector Ist Grade, Rajpura, ordered the eviction of Gurnam Singh. Being aggrieved with the order of the Assistant Collector Ist Grade, Rajpura, Gurnam Singh filed Civil Procedure Code 6427 of 1974, alleging that he was in occupation of the land in dispute even before 1960, that the land in dispute was not Shamilat deh, rather it was an evacuee property and that the Assistant Collector Ist Grade, Rajpura had no jurisdiction to order his eviction.

(3.) Notice in the civil writ petition was issued on 10th January, 1975. The learned counsel for the Gram Panchayat has submitted C.M. No. 1171 of 1977 praying that the virtue of the recent amendment of Article 226 of the Constitution of India this writ petition is incompetent as an alternative remedy is available to the writ petitioner. The writ petitioner vide C.M. No. 1328 of 1977 wanted to implead Punjab State as a respondent.