TELU RAM Vs. STATE OF PUNJAB AND ORS.
LAWS(P&H)-2011-1-462
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 17,2011

TELU RAM Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

Ajai Lamba, J. - (1.) FACTS giving rise to filing of the present writ petition are that Telu Ram, Petitioner filed an application under Section 11 of the Punjab Village Common Lands (Regulations) Act, 1961 (for short, 'the Act') claiming certain property in his cultivating possession since before the year 1940. For claiming relief, certain revenue record was placed on record that has been placed on record of this writ petition as Annexure P -1 to P -9.
(2.) THE application of the Petitioner has been dismissed by the Collector, Rupnagar, however, after taking into account the revenue record produced on behalf of the Petitioner.
(3.) PETITIONER carried an appeal to Director, Rural Development and Panchayat Department. The appeal has been dismissed. In operative portion of the order, it has been said that "after perusing the documents on file and the record received from the lower Court, it has been found that the Appellant has never produced any record to prove their possession before 26th January 1950". Reference to the revenue record has not been made even in the body of the order. Learned Counsel for Respondent No. 3, Gram Panchayat, has not been able to justify the legality of the order. Although it has been contended that the revenue record produced by the Petitioner is de hors the controversy in so much as it relates to a different patch of land, on perusal of jamabandi for the year 1934 -35 and jamabandi for the year 1955 -56, placed on record as Annexure P -2 and P -3, it could not be disputed that Khasra No. 1524 is one of the Khasra numbers/ land in dispute.;


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