GRAM PANCHAYAT Vs. COMMISSIONER

JUDGEMENT

(1.) The facts giving rise to the filing of the present writ petition are that the Gram Panchayat Gowara filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called 'the Act') for ejectment of respondent Nos. 3 and 4 on ground that they were in unauthorised and wrongful occupation of the land in dispute and that the Gram Panchayat be put in possession of the same. The case of respondent Nos. 3 and 4 in short was that they had reclaimed the land comprising Khasra No. 1807 and were given the land in dispute measuring 32 Bighas 3 Biswas valuing Rs. 4-2 annals - 3 Paise in lieu of Khasra No. 1807 and that they were in possession of same for the last 12 years before the commencement of the Act. The District Development and Panchayat Officer exercising the powers of the Controller vide his order dated May 13, 1978 dismissed the application by holding that the disputed land is not shamilat deh but on the contrary is a Jumla Malkan and Digar Haqdaran which does not vest in the Panchayat under the Act and, therefore, Panchayat has no right to claim the possession of the land. It was further held that even if the land in possession of respondent Nos. 3 and 4 is deemed to be shamilat deh even then they could not be disturbed in their possession under Section 4 of the Act. The appeal so preferred by the Gram Panchayat before the Commissioner has been dismissed by the Commissioner vide his order dated 15.2.1979. This is how the Gram Panchayat has come up in this petition against the orders of the Commissioner and the Collector.

(2.) After going through the order of the Commissioner an impression has been left upon me as if the learned Commissioner was more concerned with the reproduction of the various provisions of the statute rather than dealing with the real questions-whether the land is shamilat deh or not and whether the same vests in the Panchayat. Jamabandi for the year 1970-71 has not been even referred to in the entire order. By and large the finding has been recorded upon the basis of some documentary evidence comprising of Khasra Girdawari copies. I am not saying even for the moment that the copies of the Khasra Girdawari cannot be looked at but in all fairness the learned Commissioner should have referred to the Jamabandi and determined the question whether the land is shamilat deh or not. In view thereof, I have no there option but to set aside the order of the commissioner and remand the same for a fresh decision. The learned Commissioner after appreciating the entire evidence produced by the Gram Panchayat as well as respondent Nos. 3 and 4 would record the finding on the point whether the land is shamilat deh or not within the meaning of section 2(g) of the Act. The learned Commissioner may also record the finding on the point whether the contesting respondent Nos. 3 and 4 were in occupation of the land for the last more than 12 years before the commencement of the Act and whether their cases are covered by the later part of Section 2 (g) which excludes the land from the definition Section 4(3)(ii) of the Act may also be examined for the purpose of deciding the question in lis. In a nutshell, the learned Commissioner after having a second look at the entire evidence would decide the matter in accordance with law. Consequently the petition is allowed and the order Annexure P/2 is quashed. I have been told that now the power of the Appellate Court vests in the Joint Director of Panchayats, Punjab who holds his court in S.C.O. No. 49, Section 17-C, Chandigarh.