BIPAN CHANDER PAL Vs. JOINT DIRECTOR PANCHAYATS

JUDGEMENT

(1.) An order for ejectment of the petitioners under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act') was passed by the Assistant Collector on June 9, 1967. He directed the eviction of the petitioners from certain portions of the land in dispute but rejected the application qua the other portions of land in dispute. Details and particulars of both portions are given in the order. The petitioners however, did nto deliver possession to the Gram Pnchayat. The Gram Panchayat filed another application under Section 7 of the Act and the same was dismissed by the Collector. The Gram Panchayat went up in appeal and the same was allowed by the Commissioner. The Commissioner observed that orders of petitioners' eviction had been passed on June 9, 1967 and the petitioners had not delivered possession of that land and that the Gram Panchayat and they were in forcible possession of that land to the Gram Panchayat can take possession of the land on the strength of that order. The Gram Panchayat was the owner of the land in dispute. The Commissioner not only ordered the ejectment of the petitioners from the Khasra numbers and the land regarding which order of ejectment had been pased by the Assistant Collector on June 9, 1967, he also directed the ejectment of the petitioners from that portion of the land regarding which the application of the Gram Panchayat for ejectment of the petitioners had been dismissed. To that extent the order of the Commissioner is not sustainable. In fact, he has not expressly set aside the order dated June 9, 1967. That is still operative and enures for the benefit of the petitioners. We quash the order of the Commissioner to that extent. The order regarding the remaining land is sustained.

(2.) The petitioners had raised a question of title, but the same has not been determined by the Commissioner. Thus, there is no adjudication regarding the title of the land in dispute by any competent authority so far. In these circumstances, it is in the interests of justice that the petitioners should be permitted to agitate this matter before the competent authority. We, therefore, allow the petitioners to file an application under Section 11 of the Act before the Collector to get their rights determined qua the land in dispute.

(3.) With these observations, the writ petition succeeds.