DES RAJ Vs. COMMISSIONER AND OTHERS

JUDGEMENT

(1.) e present writ petition has been filed for quashing of order dated September 21, 2005 (Annexure P-6) passed by Commissioner, order dated August 10, 2001 (Annexure P-5) passed by District Collector and order dated January 31, 2000 (Annexure P-4) passed by Assistant Collector Ist Grade vide which the petitioner has been ordered to be evicted from the abadi land.

(2.) Brief facts of the case, as mentioned in the writ petition, are that the Gram Panchayat filed an application under Section 7 of the Punjab Village Common Land (Regulations) Act, 1961 in the Court of Assistant Collector Ist Grade for ejectment of the petitioner from the land measuring 20 kanals in Khasra No. 107/3 situated within the abadi deh of village Sabga. The Assistant Collector Ist Grade passed ejectment order of the petitioner from the land in dispute vide order dated January 31, 2000 and imposed a penalty of Rs. 5000/- per annum for causing loss to the Panchayat on account of unauthorised possession since 1995. An appeal was filed before the Collector, which was dismissed vide order dated August 10, 2001. Thereafter, the petitioner filed a revision before the Commissioner which was also dismissed vide order dated September 21, 2005. Hence the present petition.

(3.) Mr. Bhag Singh, learned counsel for the petitioner, has argued that the lower authorities without discussing any evidence have wrongly held that the possession of the petitioner is since 1997 whereas the petitioner is in possession prior to 1995 and the land in dispute has never been used for common purposes of the village. He argued that the land in dispute is owned by the proprietary body and the same does not vest in the Gram Panchayat. He argued that an objection was raised by the petitioner that a question of title was involved, but instead of deciding the question of title, the eviction proceedings were ordered. He further argued that petitioner is in possession of the land in dispute being a share-holder.