BHIM SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Petitioners Bhim Singh and others have invoked writ jurisdiction of this Court under Article 226 of the Constitution of India through this petition and sought that orders of Collector, Sonepat and Commissioner, Ambala, Annexures P/7 and P/8 respectively be quashed.

(2.) It has been alleged inter-alia that petitioners and their immediate ancestor Jia Ram were in possession of the land in dispute as co-sharers not being in excess of their share in the Shamilat Deh since 1940, that relevant entries in the Khasra Girdawari were changed in Rabi 1950 without any order of any competent authority and instead of Jia Ram it was entered in the column of cultivation as Maqbuza Malkan that subsequently during consolidation operations having been found by the authorities that Jai Ram was in actual possession of the land, entries were again corrected in Kharif 1956 and that on the basis of wrong facts taking advantage of preparation of the register of Girdawari against rules, Gram Panchayat, Jakhauli obtained illegal order of eviction under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in brevity the Act hereinafter). It is further alleged that petitioners filed a declaratory suit under Section 13-A of the Act before Assistant Collector Ist Grade, Sonepat, seeking declaration that the land in question did not vest in Gram Panchayat, Jakhauli and it had no right to take possession of the same which resulted in success vide order dated 28.5.1983, Annexure P/6. Respondents preferred appeal before Collector, Sonepat which was accepted vide order dated 17.1.1984, Annexure P/7 and the suit of the petitioners was dismissed. Revision referred against that order of Collector, Sonepat was dismissed by Commissioner, Ambala Division vide order dated 18.1.1985, Annexure P/8. It is also alleged that orders, Annexures P/7 and P/8 were passed on wrong assumption of law that the burden of proving that the possession of the co-sharer was not on land more than his share lay on the co-sharer and not on the Gram Panchayat who seeks an order of ejectment against him.

(3.) Bhulle, petitioner of Civil Writ Petition No. 3057 of 1985 has also filed a writ petition against Gram Panchayat, Jakhauli and others on similar facts and has sought quashing of the orders of Collector, Sonepat and Commissioner, Ambala Division. The law point involved in the said writ petition being the same, this judgment of ours shall dispose of both Writ Petitions No. 3044 and 3057 of 1985.