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Judgment
7 paragraphs · 396 wordsT.H.B. Chalapathi, J.—This writ petition is filed for quashing the orders of the Assistant Collector, Panipat, dated 29.10.1980 (vide Annexure P1) as confirmed by the Collector, Karnal, by his order dated 14.6.1982.
The Gram Panchayat Vaisry filed an application u/s 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as ''the Act'') for evicting the petitioners on the ground that the land belongs to Gram Panchayat and the petitioners are in unauthorised possession of the same. The land claimed by the Gram Panchayat is to the extent of 32 kanals in Killa Nos. 41/16, 13, 14 and 24.
I have gone through the orders passed by the Assistant Collector and the Collector on appeal. Though the Collector in the order stated that khasra numbers of the disputed land mentioned in the revenue records do not tally with the khasra numbers of the land before the consolidation, but he has not referred to any document. According to the petitioners, they have been in possession of the land since a long time i.e. prior to 1950. Both the authorities have not referred to khasra numbers and Killa numbers mentioned in the documents. A reading of both orders clearly shows that they are very cryptic. No reference was made to any of the documents stated to have been produced by the petitioners in support of their claim except saying that khasra numbers do not tally. The authorities should have extracted khasra numbers in the Jamabandi record and also in the various documents produced by the petitioners as well as by the Gram Panchayat. This exercise has not been done by the authorities.
On a consideration of the entire material on record, I am of the view that the order of the Appellate Authority dated 14.6.1982 is liable to be set aside and the matter deserves to be remanded to the Appellate Authority for a fresh decision.
Accordingly, the order of the Appellate Authority dated 14.6.1982 is set aside and the matter is remanded to the Collector to decide the appeal afresh after considering all the documents filed by both the parties in detail. Both the parties are at liberty to lead their evidence if they so desire.
The parties are directed to appear before the Collector, Karnal on 20.3.1997.
The writ petition is disposed of in the above terms.