HARI SINGH Vs. PIARE LAL

JUDGEMENT

(1.) This judgment will dispose of L.P.A. Nos. 351 and 352 of 1990 as they arise out of the common judgment of the learned Single Judge in CWP No. 4444 of 1987 and 5442 of 1986.

(2.) It is necessary to state brief facts leading to the filing of these writ petitions. One Puran son of Kanhaya occupied the land vested in the Gram Panchayat some time prior to 1963 and also constructed a residential house in that land. Thereafter one Piare Lal who is the 1st respondent in both these LPAs filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, for ejectment of the said Puran. The said application of Piare Lal was allowed by the Collector. Thereafter challenging the orders, 4/5 appeals and revisions were filed to the authorities by Puran and also he filed a suit in the civil Court. It is not necessary for us to go into the details of the various proceedings taken by Puran. For disposal of these L.P. As suffice to say that Puran was unsuccessful in his attempt to establish his title to the land. Thereafter he applied for purchase of the land under Sub-rule (3) of Rule 8 of the Punjab Village Common Lands (Regulation) Rules, 1964. The Director of Panchayats ultimately granted permission to Puran to purchase the land. The Gram Panchayat also passed a "resolution agreeing for the purchase of land by Puran. CWP No. 4444 of 1987 was filed by Piare Lal against the orders permitting Puran to purchase the land. Puran filed CWP No. 5442 of 1986 challenging the orders of eviction passed by the revenue authorities under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961. The learned Single Judge dismissed CWP No. 5442 of 1986 filed by Puran and allowed CWP No. 4444 of 1987 filed by Piare Lal.

(3.) Challenging the decision of the learned Single Judge in the above writ petitions, these two LPAs have been filed under Clause X of the Letters Patent.