DHARAM SINGH Vs. COLLECTOR, KARNAL AND OTHERS

JUDGEMENT

(1.) The petitioner prays for the issuance of a writ in the nature of Certiorari for quashing the orders dated 29.8.1984 and 13.11.1984 passed by the Assistant Collector, Ist Grade, Karnal and the Collector, Karnal, respectively, ordering the ejectment of the petitioner.

(2.) The Gram Panchayat-respondent no.3, filed an application under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as 'the Act') before the Assistant Collector, Ist Grade, Karnal, pleading that the petitioner is in unauthorised possess ion of land belonging to the Gram Panchayat and should, therefore, be ejected. In response, the petitioner pleaded that as he was a tenant of the Gram Panchayat, as evidenced by the relevant jamabandis, he could not be treated to be an unauthorised occupant. The Assistant Collector, Ist Grade, Karnal, vide order dated 29.8.1984 held that the petitioner had taken the land in dispute on lease for the year 1982-83. Thereafter, despite the expiry of the lease period, the petitioner did not vacate the land and was, therefore, in unauthorised occupation. Consequently, his ejectment from the land in dispute was ordered. Aggrieved by the said order, the petitioner filed an appeal. The Collector, Karnal, affirmed the finding returned by the Assistant Collector and dismissed the appeal.

(3.) Counsel for the petitioner submits that the Jamabandis for the years 1973-74, 78-79, 83-84, reflect the petitioner as Gair Marusi tenant on payment of lagan of Rs.125 per acre per annum. It is submitted that Jamabandis clearly establish the falsity of the alleged pattanama Ex.A-4, which reflects a lease period of one year. The Jamabandis were not taken into consideration by the authorities below and, therefore, the finding that the petitioner is an unauthorised occupant, is factually and as a consequence, legally incorrect.