JOGINDER SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) The petitioner seeks quashing of order, Annexure P-6, passed by the Joint Director, Panchayats, Punjab, exercising powers of Commissioner. Through this order, the Commissioner has allowed the appeal filed by the Gram Panchayat against the order passed by the Collector, dismissing the application of the Gram Panchayat for ejectment of the petitioner from the land in dispute.

(2.) THE petitioner (now represented through his L.Rs) claims to be a share- holder and proprietor of Village Balian, Tehsil and District Sangrur. The consolidation in village Balian took place in the year 1957. As per the revenue record, disputed land was shown as Mushtarka Malkan by the consolidation authorities in the jamabandi for the year 1958-59 in the ownership column of Khasra Nos. 249 to 251 and 475. Copy of the jamabandi is annexed as Annexure P-1. This jamabandi was produced before the authorities. The petitioner also claimed that this land remained in possession of the proprietors and even was not in the control of Gram Panchayat for the purposes of management. Suddenly, however, on 15.5.1964, mutation No. 1041 was entered in the name of Gram Panchayat. The averments and the record would show that this mutation was done on the basis of letter No. 6858-R(2)-61/6239-57 dated 22.9.1961, issued by Deputy Secretary, Government Punjab, Revenue Department, Chandigarh. Thus, the land was mutated in the name of Gram Panchayat by Assistant Collector IInd Grade, Sangrur. The petitioner claims that this mutation was done at the back of the proprietors and would have no value in the eyes of law. It is also pleaded that the mutation does not confer any title and on the basis of this wrong entry in favour of Gram Panchayat, the appeal of the Gram Panchayat could not have been allowed. There are subsequent entries made in the jamabandi in the name of Gram Panchayat, which are also annexed with the case.

(3.) FEELING aggrieved against the order, the Gram Panchayat filed an appeal under Section 7(2) of the Act. Without considering the evidence and relying upon the jamabandi in favour of Gram Panchayat only, the Appellate Authority has accepted the appeal. This order is accordingly impugned by the petitioner through the present writ petition. This writ petition came up for hearing before this Court on 26.4.1985. While issuing notice of notice, dispossession of the petitioner was stayed. The writ petition was ultimately admitted on 9.8.1985.