Maman Singh vs Gram Panchayat Dehlawas

S.S. Sodhi, J. (Oral)

In a petition under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as `the Act'') Gram Panchayat Dehlawas sought the ejectment of the petitioner Maman Singh from the land in his possession on the ground that it vested in the Gram Panchayat and he was an unauthorised occupant thereof. In resisting this claim, the petitioner set up title in himself in the land concerned. Both the Assistant Collector as also the Collector on appeal ordered the ejectment of the petitioner, holding him to be an unauthorised occupant. It is these orders which now stand challenged.

Basing himself upon the ratio of the Judgment of the Division Bench of this Court in Tara Chand and Fateh Singh v. Gram Panchayat and Gram Sabha of village Atail and others, 1979 P.L.J. 1, Mr. O.P. Hoshiarpuri, counsel for the petitioner contended that as a question of title had been raised by the petitioner, it was incumbent upon the Assistant Collector to have proceeded to determine this question before entering upon an adjudication of the matter whether or not the petitioner was an unauthorised occupant. This is indeed a contention which must prevail. Counsel for the respondents was contained to concede that this was indeed the correct state of law.

In the result, the impugned orders of the Assistant Collector (Annexure P.1) and that of the Collector (Annexure P.2) are hereby quashed and the case is remanded to the Assistant Collector for determination of the question of title in the first instance in accordance with the relevant provisions of the Act before entering upon the matter raised in the petition under Section 7 of the Act.

Parties are directed to appear before the Collector, Mohindergarh on September 19, 1983, who shall in turn direct them to appear before the Assistant Collector concerned at a date and time to be specified by him.

This writ petition is accordingly accepted. There will be no order as to costs.