GULZARI RAM Vs. JOINT DIRECTOR PANCHAYATS

JUDGEMENT

(1.) THE challenge in this writ petition filed under Articles 226/227 of the Constitution of India is to the orders, Annexures P-2 and P-3, passed by the revenue authorities to which detailed reference will be made at the appropriate place. In the first instance, the background in which the aforesaid orders came to be passed is noticed :

(2.) ONE Phuman Singh, who owned the land measuring 6 Kanals comprised in Khewat Khatauni No. 86/121, Khasra No. 25/22/1(5-0), 23(1-0), sold a plot out of it, measuring 11 Marlas, to the petitioner on 12.11.1979 vide registered sale deed and the petitioner constructed a residential house thereon. Khasra No. 103 of Khewat No. 155, Khatauni No. 229 fell adjacent to the land of Phuman Singh and Khasra No. 103 was shown as path which was the ownership of the Gram Panchayat. Likewise is the position with regard to another Khasra No. 178 which is adjacent to Khasra No. 23, and in the column of cultivation, it is shown that the same is in the possession of 'non-Maliks' which was also owned by Gram Panchayat. On a demand raised by the villagers, the village road was straightened through Khasra Nos. 22/1 and 23 belonging to Phuman Singh, which in fact, was initially planned to be taken through Khasra No. 103. This alignment of the road was done with the consent and for the convenience of the villagers. Since the land of Khasra Nos. 22/1 and 23 was included in the proposal, which was owned by Phuman Singh, the Gram Panchayat decided to compensate him by giving land adjacent to the road but no resolution was passed at that time by the Gram Panchayat in that regard. Phuman Singh who had actually sold the plot measuring 11 Marlas to the petitioner from his land comprised in Khasra Nos. 22/1 and 23 gave possession to him from the land in Khasra No. 103 which he had actually got from the Gram Panchayat in the arrangement. Consequently, the petitioner constructed his house on the plot comprising Khasra No. 103. The Gram Panchayat, Khichipur (respondent No. 4) thereafter accepted the arrangement arrived at between the Gram Panchayat and Phuman Singh, by passing a resolution dated 14.7.1984, Annexure P-1. It is further stated that by accepting the arrangement above-referred and passing the resolution in that regard, the Gram Panchayat in a way accepted the petitioner as lawful owner and in possession of the plot given to him by Phuman Singh from land in Khasra No. 103 and according to the petitioner this also meant that the Gram Panchayat had no objection to his continuing in occupation of his house constructed in the plot in Khasra No. 103. It is here that a Member of the Gram Panchayat, respondent No. 3 Harbans Lal, moved an application under Section 7(1) of the Punjab Village Common Lands (Regulation) Act, 1961 (in short "the Act") for eviction of the petitioner from the plot in Khasra No. 103, on the ground that the petitioner had illegally and unlawfully encroached upon the Panchayat 'Deh'. According to the petitioner no such authority or power had been given to him by the Gram Panchayat. It was pleaded further that although respondent No. 2, the District Development and Panchayat Officer-cum-Collector, Jalandhar, could not take cognizance of the application moved by respondent No. 3, yet he entertained and accepted the same and ordered eviction of the petitioner from the plot in question, vide order dated 9.8.1984, Annexure P-2. Appeal preferred by the petitioner against the order, Annexure P-2, was dismissed by the Joint Director Panchayats, Punjab (exercising the powers of the Commissioner) vide order dated 8.2.1985, Annexure P-3. These orders have been sought to be quashed on the ground that the same are illegal, arbitrary, against the provisions of the Act and violative of the principles of natural justice.

(3.) I have heard learned counsel appearing for the parties and have gone through the record.