GIANI RAM Vs. GRAM PANCHAYAT BIDHAL AND OTHERS

JUDGEMENT

(1.) The dispute in this case is between Giani Ram and the Gram Panchayat of Bidhal. Giani Ram filed a suit under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) claiming that 46 kanals of land in Bidhal, owned by Pana Dungran was in his possession as owner/shareholder. The Panchayat had wrongly got the land mutated in its favour vide mutation dated August 17, 1972.

(2.) The panchayat filed an application under Section 7 of the Act before the Collector. After Giani Ram was summoned, he filed CWP 5746 of 1975 in the High Court and vide order dated October 20, 1982, the High Court directed that proceedings under Section 13-A of the Act be initiated.

(3.) According to the petitioner, he was in possession of the property as share-holder of Pana Dungran, had planted an orchard of mangoes and guavas and had also constructed his house. The land in dispute had been banjar qadim, it had been cultivated by the petitioner and had never been used for common purpose.