RAM KANWAR Vs. GRAM PANCHAYAT BIDHAL

JUDGEMENT

(1.) THIS letters patent appeal has been filed by Ram Kanwar son of Giani Ram (for short the appellant) against judgment passed by the learned Single Judge on February 8, 2008, dismissing civil writ petition No. 669 of 1985, filed by Giani Ram, father of the appellant. Record reveals that above said Giani Ram filed an application under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act), as applicable to Haryana, for declaring him owner of the land measuring 46 Kanals 1 Marla, situated in the revenue estate of village Bidhal. It was his contention that the above said land was the ownership of 'Pana Dungran' of village Bidhal. He was in cultivating possession since the year 1952 and as such, being a co- sharer, he had become owner of the above said land. It was further averred by him that the land was not being used for any common purpose of the village. Mutation of the land, sanctioned in favour of the Gram Panchayat in the year 1972 was also challenged by him having been incoprorated without any justification.

(2.) IN response to a notice issued by the Assistant Collector Ist Grade, Gohana, respondent No. 1 the Gram Panchayat appeared and refuted all the averments made by the applicant Giani Ram. Both the parties led evidence to support their case.

(3.) GIANI Ram, applicant, went in appeal, which was dismissed by the Collector by opining as under :