LAWS(P&H)-1997-3-63

GRAM PANCHAYAT Vs. SUB DIVISIONAL OFFICER CIVIL

Decided On March 21, 1997
GRAM PANCHAYAT Appellant
V/S
SUB DIVISIONAL OFFICER (CIVIL) Respondents

JUDGEMENT

(1.) GRAM Panchayat Bhaniri has filed this petition impugning order Annexure P2 passed by Sub Divisional Officer (Civil) Patiala, treating the proceedings taken by the revenue officers for giving possession of the land in dispute to the petitioner as cancelled.

(2.) PETITIONER Gram Panchayat had given the land in dispute to Harnek Singh and Harchand Singh respondents No. 2 and 3 respectively on lease. Respondents No. 2 and 3 refused to vacate the land. Treating them to be in unauthorised possession of the land, Gram Panchayat filed application Under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act ). Respondents No. 2 and 3 also filed applications Under Section 11 of the Act with a prayer that they be declared as owners of the land because the land in their possession was not shamlat deh. Applications filed by the Gram Panchayat as well as by respondents No. 2 and 3 were disposed of by the Collector together on 28. 1. 1991. Collector held that the land was not shamlat deh and, therefore, Gram Panchayat could not eject respondents No. 2 and 3.

(3.) APPEALS came up for hearing before the Joint Development Commissioner, Punjab, on merits. The appeals filed by the Gram Panchayat were accepted on 11. 5. 1994 and the order of the Collector dated 28. 1. 1991 was set aside. Harnek Singh filed CWP 15887 of 1994 in this Court challenging the order dated 11. 5. 1994 passed by the Appellate Authority. Similarly another writ petition was filed by respondent No. 3. CWP 15887 of 1994 filed by Harnek Singh was disposed of by this Court on 31. 3. 1995 copy of which has been attached as Annexure R3 with the replication.