SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Articles 226/227 of the Constitution of India has been filed seeking quashing of the notification dated 23.7.2007 (Annexure-P.9) issued by the State Government whereby Section 42-A has been added to the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (Rs.1948 Act' - for short) and also for quashing the order dated 8.5.2008 (Annexure-P.10) passed by the Collector-cum-DDPO, Barnala in a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (Rs.1961 Act' - for short).

(2.) AFTER hearing learned counsel for the parties and perusing the record it may be noticed that the Gram Panchayat Moom, Tehsil Barnala (respondent No. 4) filed an application under Section 7 of the 1961 Act seeking ejectment of the petitioner from the land measuring 37 Kanals 8 Marlas situated in Village Moom, Tehsil Barnala. The application of the Gram Panchayat Moom (respondent No. 4) was initially dismissed vide order dated 22.12.2005 (Annexure-P.7). Against the said order, the Gram Panchayat Moom (respondent No. 4) filed an appeal and the Commissioner under the 1961 Act vide order dated 13.7.2007 (Annexure-P.8) set aside the order of the Collector and remanded the case to the Collector for fresh decision. The Collector thereafter vide impugned order dated 8.5.2008 (Annexure-P.10) ordered the ejectment of the petitioner from the land measuring 37 Kanals 8 Marlas. Aggrieved against the same the petitioner has filed the present petition.

(3.) A perusal of the above shows that it is the land reserved for common purposes whether specified in the Consolidation Scheme or not, is not to be partitioned amongst the proprietors of the village and is to be utilized and continued to be utilized for common purposes. This aspect is to be ascertained on the basis of the revenue records. It is to be seen as to whether the nature of the land is such which is being used for common purposes. In case the land is being used for common purposes then it is not to be partitioned amongst the proprietors.