KARAM SINGH Vs. STATE OF PUNJAB & ANR

JUDGEMENT

(1.) The controversy in this case is whether the suit land is shamlat deh within the definition of Section 2(g) of the Punjab Village Common Land (Regulations) Act, 1961 and consequently vests in the Gram Panchayat respondent No.2 or it stands excluded from shamlat deh in view of Section 2(g)(viii) for the reason that it was allegedly in individual cultivating possession of the petitioner or his forefathers on or before 26.01.1950

(2.) The Collector as well as the Appellate Authority under the Act have answered it against the petitioner.

(3.) It may be mentioned here that earlier this Court remanded the case to the Appellate Authority for fresh adjudication of the controversy and also to examine the correctness of original jamabandi for the year 1944-45. This Court in the earlier round of litigation i.e. CWP No.11306 of 2003 (Gram Panchayat Chachowal, Tehsil Nakodar, District Jalandhar vs. The Joint Development Commissioner (IRD) partly allowed on 27.09.2012 held as follows:-