GULZAR KHAN Vs. GRAM PANCHAYAT VILLAGE BORA KALAN

JUDGEMENT

(1.) In the year 1968, at the instance of the Gram Panchayat proceedings were initiated against Chhaju for his ejectment under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act'), from Khasra Nos. 143 to 146 and 493. The Assistant Collector vide order Annexure P-1 allowed the ejectment from Khasra Nos. 145 and 146 but dismissed the application in regard to other Khasra Nos. After expiry of about 12 years the Gram Panchayat filed a fresh application under the same provisions against Gulzar Khan, son-in-law of Chhaju in regard to Khasra Nos. 143, 144, 493 and 189/2. The Collector vide order Annexure P-9 ordered the ejectment from Khasra No. 189/2 but dismissed the application in regard to the remaining numbers on merits as well because of the previous decision.

(2.) The occupant took the matter in appeal but remained unsuccessful vide order Annexure P-11. The Appellate Authority came to the conclusion that the area of Khasra No. 189 was 6 Bighas and 5 Biswas. Khasra No. 189/1 consisted of 5 Biswas, which was Peerkhana and graveyard and the remaining area formed part of Khasra No. 189/2. The un-authorised occupant entered into possession of Khasra No. 189/2 after 1962-63 and since it formed part of Shamilat Deh, the ejectment was rightly ordered. It also took notice of the fact, that when Gram Panchayat filed earlier application, the area covered by Khasra No. 189/2 was not in possession of the father-in-law of Gulzar Khan and hence on the general principles of res judicata, fresh application regarding this Khasra No. was not barred.

(3.) Feeling aggrieved, Gulzar Khan has come to this Court in this Writ Petition.