GULZAR SINGH Vs. GRAM PANCHAYAT, THUHI

JUDGEMENT

(1.) THE petitioners have imputed 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 under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 (for short 'the Act') filed by the Gram Panchayat of village Thuhi, 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.

(2.) LEARNED counsel for the petitioners contends that during the pendency of the present writ petition the petitioners filed a petition under Section 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 No. 55//21(8-0), 22(2-4), 56//1(8-0), 2(2-10), 9(2-16), 10(8-0), 57//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 under Section 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 under Section 12 of the Act.

(3.) 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/Khatauni No. 182/393 and land Khasra No. 54//24(8-0), 25(8-0) of Khewat/Khatauni No. 182/39 and land of Khasra No. 55//21(8-0), 22(2-4), 56//1(8-0), 2(2-10), 9(2-16), 10(8-0), 57//5(8-0), 6(8-0) of Khatuani 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. Petition partly allowed.