Gulzar Singh and Others vs Gram Panchayat and Others

Ashutosh Mohunta, J.—The petitioners have impugned the order Annexure P-10 passed by the Collector, Nabha, Distt. Patiala, dated 17.2.1984 and the order Annexure P-11 passed by the Joint Director, Panchayats, Punjab (exercising the powers of the Commissioner), dated 19.7.1985 by which the application u/s 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ''the Act'') filed by the Gram Panchayat of village Thushi, Tehsil Nabha, Distt. Patiala, was allowed and the petitioners were ordered to be ejected from the land as mentioned in the heading of Annexure P-10.

Learned counsel for the petitioners contends that during the pendency of the present writ petition the petitioners filed a petition u/s 11 of the Act claiming ownership over the land mentioned in Annexure P-15. The Collector (Principal, G.T.C., Nabha) vide his order dated 10.9.1990 has held the petitioners to be the owners of the land comprised in Khasra No. 57//4(8-0), 7(8-0), Khewat/Khatuni No. 182/393 and land Khasra No. 54//24(8-0), 25(8-0) of Khewat/Khatuni No. 182/395 and land of Khasra N0.55//21(8-0), 22(2-4), 56//(8-0), 2(2-10), 9(2-16), 10(8-0), 577/5(8-0), 6(8-0) of Khatauni No. 396 situated in village Thuni, Tehsil Nabha, District Patiala. It is, thus, contended by the learned counsel for the petitioners that as the petitioners have been held to be the owners of the aforementioned khasra numbers, therefore, the application u/s 7 of the Act filed by the Gram Panchayat is liable to be dismissed and the impugned orders are accordingly liable to be set aside. It is stated by the learned counsel that no appeal has been filed against the order Annexure P-15 and the order passed by the Collector Annexure P-15 has become final u/s 12 of the Act.

After perusing the order passed by the Collector Annexure P-15 whereby the petition u/s 11 of the Act filed by the petitioners has been allowed and the petitioners have been held to be the owners, therefore, ejectment order of the petitioners from the aforementioned khasra numbers cannot be upheld.

Resultantly, it is ordered that the petitioners are the owners in possession of land comprised in Khasra No. 57//4(8-0), 7(8-0), 25(8-0), Khewat/Khatuni No. 182/393 and land Khasra No. 54//24(8-0), 25(8-0) of Khewat/Khatuni No. 182/39 and land of Khasra No. 557/21(8-0), 22(2-4), 567/1(8-0), 2(2-10), 9(2-16), 10(8-0), 57/75(8-0), 6(8-0) of Khatuni No. 396 situated in village Thuhi, Tehsil Nabha, District Patiala. However, with regard to rest of the khasra numbers as mentioned in Annexure P-10, the Gram Panchayat is entitled to get the possession from the persons who are in possession of the suit land. Accordingly, Annexures P-10 and P-11 are set aside to the extent of land indicated above.

Writ Petition is partly allowed.