KARNAIL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This petition is directed against the order dtd. 31/5/2013 (Annexure P-11).

(2.) Shorn off unnecessary details, counsel for the petitioner has submitted that an application under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Punjab) (for short, "the Act") was filed by the Gram Panchayat against the petitioner for seeking his eviction from the land measuring 78 kanals 5 marlas. At the same time, the petitioner had also filed a suit under Sec. 11 of the Act for declaring himself as owner of the land measuring 78 kanals 5 marlas. Both the petitions were clubbed together and the application filed by the Gram Panchayat under Sec. 7 of the Act was dismissed whereas the suit filed by the petitioner was decided in his favour vide order dtd. 28/6/1982. As a result, two appeals were filed by the Gram Panchayat against the same order vide which application under Sec. 7 of the Act was dismissed and suit filed under Sec. 11 was allowed. The appeals were also dismissed on 31/10/1986. The Gram Panchayat challenged the orders dtd. 26/6/1982 and 31/10/1986 by way of a writ petition No.449 of 1987 which was allowed on 30/1/2013 by this Court and the matter was remanded back to the Director, Rural Development and Panchayats, Punjab, exercising the power of the Commissioner under the Act for deciding the appeal again. The said order dtd. 30/1/2013 reads as under:

(3.) After the remand, the appeal of the Gram Panchayat was allowed by the Commissioner on 31/5/2013, holding that the petitioner has been recorded as Gair Marusi in the jamabandis for the years 1943- 44, 1947-48 and 1951-52 whereas the land is owned by Shamlat Deh Hasab Rasad Jar Khewat.