MUKAND SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This order shall dispose of CWP Nos. 2780, 2781 and 2782 of 1985, as common questions of fact and law arise for adjudication. Facts necessary for adjudication of the present writ petitions have been taken from CWP No.2781 of 1985.

(2.) The petitioner impugns orders dated 19.4.1982 and 19.10.1984 passed by the Collector/Divisional Deputy Director, Rural Development and Panchayat, Patiala and the Joint Director, Panchayat, Punjab, Chandigarh, (exercising the powers of Commissioner) respectively.

(3.) The Gram Panchayat of Village Gunia Majra, Tehsil Sirhind, respondent no.4, filed a petition under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as 'the Act'), praying for delivery of possession and ejectment of the petitioner, as he was in unauthorised possession of Shamlat land. The Gram Panchayat alleged that the land in dispute was owned by the Gram Panchayat but as the petitioner was in unauthorised possession, he should be ejected and possession, of the land in dispute, should be delivered to the Gram Panchayat. In response, the petitioner filed his written statement and pleaded that the land did not belong to the Gram Panchayat, as the petitioner was in continuous possession since before 26.1.1950. Parties were allowed to lead evidence, where after, the Collector/Divisional Deputy Director, Rural Development and Panchayat, Patiala, accepted the petition filed by the Gram Panchayat and ordered ejectment of the petitioner, from the land in dispute.