BILLA Vs. STATE

JUDGEMENT

(1.) LAND measuring 53 kanals 19 marlas comparising Khasra Nos. 489/390/367/285 which is said to be shamlat Deh in village Kah of tehsil Billawar, is at the root of controversy. Petitioner No1 took possession of 16kanals 10marlas out of this land and petitioner 2 & 3 also followed by bringing the remaining portion under cultivation. They were ordered to be evicted by respondent No.4 vide his order No. 356 dt.23.12.1077 after he found that the petitioners were not the shareholders in village shamlat and were illegal occupants of the land. He passed this order in terms of sec.133 of the Land Revenue Act.

(2.) PETITIONER took an appeal before the Deputy Commissioner, who vide order dt. 27.1.1979 overturned the order on the ground that the provision of sec. 133 of the Land Revenue Act do not empower the Tehsildar to pass orders of eviction in respect of shamlat Land. Thereafter on a revision, a reference was made by the Divisional Commissioner to the Financial Commissioner, who, upheld the order of Tehsildar and held that he had the requisite competence to pass the order of eviction under section 133 of the Act. Pensioners field review petition against this order but failed.

(3.) IN the objections filed by respondent No.5 it is submitted that the land is used as cremation ground and for grazing purposes for the inhabitants of village Kah. It is pointed out that the petitioners are not the residents of this village and had no right to occupy the land in the question in face of the objection of the village community as Nature of any such land is objectionable and prohibited by law. Petitioners stand physically evicted by the Naib Tehsildar on 15.5. 1985. It is also projected that petitioner No.l hold 69 kanals 14 marlas of land and petitioner No.2, 82 kanals 16 marlas of land excluding the disputed land.