GRAM PANCHAYAT BIDHAL Vs. COLLECTOR SONEPAT AND ANOTHER

JUDGEMENT

(1.) Gram Panchayat Bidhal has filed this petition to seek a direction to quash the order dated November 11, 1980 passed by the Collector, Sonepat, whereunder the order of ejectment passed against Hawa Singh by the Assistant Collector Ist Grade, Gohana, dated June 6, 1980 was set aside and Hawa Singh's appeal was allowed on the ground that a person who was entered as tenant gair maurusi was in authorized possession and such a person could not be evicted under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as the Act).

(2.) This case has a chequered history which begins with the mutation of ownership being entered in favour of the Gram Panchayat in 1972 in respect of 40 kanals of land in dispute. Thereafter when the Panchayat initiated steps to eject Hawa Singh from the land, Hawa Singh filed a suit for injunction in the civil court to restrain the Panchayat from interfering in his possession on the ground that the land did not vest in the Gram Panchayat under shamlat law. The suit was transferred to the court of the Assistant Collector Ist Grade to be heard under Section 13-B of the Act. The suit was dismissed. Hawa Singh's appeal before the Collector was also dismissed. Thereafter, Hawa Singh filed Civil Writ Petition 3453 of 1973 which was dismissed on September 10, 1979.

(3.) Thereafter the Panchayat filed an application under Section 7 of the Act pleading that the land was shamlat deh, the suit land was in Hawa Singh's unauthorized possession since 1972, no rent had been paid to the Panchayat.