INDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Inder Singh's application under Section 11 read with section 3 of the Punjab Village Common Lands (Regulation) Act, 1961 , wherein he had claimed title to land measuring 7 kanals 16 marlas was dismissed by the Collector vide his order dated 8.9.1980 (Annexure P.2). An appeal against that order was dismissed by the Joint Director, Panchayats, Punjab (exercising the powers of Commissioner) vide his order dated 10th April, 1981. These two orders have been impugned by the petitioner through the present writ petition.

(2.) The stand taken by the petitioner before the aforementioned Authorities as also in the present petition is that the land in possession of the petitioner of which he had claimed ownership before the concerned Authorities was part of large area of about 160 kanals, which was reserved by the Consolidation Authorities during the consolidation operations for the income of the Gram Panchayat. The said area had been taken from the proprietors of the village after imposing a cut on their holdings; that the proprietors being small right-holders, no part of their holdings could be taken away and given to the Panchayat without awarding of compensation and, therefore, the Panchayat is not entitled to hold the said area and it is not entitled to lease it out by treating itself to be the owner thereof.

(3.) The Collector and the Appellate Authority disallowed the claim of the petitioner herein inter alia on the ground that the petitioner had taken the land on lease from the Panchayat and he could not now turn round to challenge the title of the Gram Panchayat and stop it from re-auctioning the land in question.