PETER Vs. LAKHVIR SINGH

JUDGEMENT

(1.) Pursuant to the orders dtd. 13/12/2018 and 7/1/2019, Mr. Ajinder Kumar, stated to be a Tax Collector in the office of Block Development Panchayat Officer (BDPO), Nurmahal, currently having charge of the Administrator of Gram Panchayat, Pharwala, is present in Court.

(2.) Mr. Daldeep S. Sukarchakia, DAG, Punjab, on instructions from him submits that the land in question, as falls in Khasra no. 65, Khatoni no. 420, Khewat no. 328 (as per the jamabandi for the year 2014-15), consisting of 01 kanal and 19 marlas, has been described as gair mumkin chhappar (pond) and is therefore part of the village common land.

(3.) It is to be again noticed here that in a revision petition arising out of a civil suit, this Court would not have called for such kind of record which is actually to be led by way of evidence before the trial Court, however, that court, vide the impugned order, dismissed the application filed by the petitioner under Order 6 Rule 17 CPC, by which the khasra number of the said property was sought to be incorporated in the written statement, (as was contended to be public land/village common land). Hence, the Administrator had been directed to come present with the revenue record, to at least prima facie determine whether the contention of the petitioner is correct or not as regards the land being public land.