J.L. Gupta, J. - (1.) The petitioner has approached this Court through the present writ petition with a prayer that the order dated April 5, 2001 passed by the first respondent be quashed. By this order, the authority has found as a fact that the land in dispute has been in possession of the claimants for a period of more than 12 years prior to the year 1961. Thus, they are not liable to be evicted therefrom. A few facts as relevant for the decision of this case may be briefly noticed.
(2.) The private respondents filed a petition for a declaration that they were owners of the land in dispute and that the entry in the Jamabandi in the name of Panchayat which was impleaded as the respondent filed a reply. After considering of the matter, the District Development and Panchayat Officer exercising the powers of the Collector found that the claimants were the proprietors in the village. Their possession of the suit land was according to their share. The possession was not unauthorised. In fact, they had been in possession for a period of more than 12 years prior to the promulgation of the Punjab Village Common Lands (Regulation) Act, 1961. The possession was uninterrupted. Aggrieved by the order, the petitioner has approached this Court.
(3.) Mr. Jasbir Singh, learned Counsel submits that the petitioner is the Sarpanch of the Panchayat. However, he has filed this petition in his personal capacity and not as a member of the Panchayat. The sole contention raised on behalf of the petitioner is that the District Development and Panchayat Officer had no jurisdiction to pass the order. Learned counsel further submits that the continued and uninterrupted possession of the respondents has also not been proved on the file. Thus, the impugned order is vitiated.;