- (1.) The petitioners seek quashing of order dated 9.10.2009 (Annexure P-2) and an earlier order dated 8.8.2008 (Annexure P-1), directing their eviction from the land in dispute.
(2.) Respondent-Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands Act, 1961 against the petitioners by pleading that the land occupied by them is recorded as Garmumkin pond, which was being used for collecting waste water of the village and the same has been encroached upon by the petitioners. The Panchayat had relied upon a Jamabandi for the year 2004-05. The petitioners appeared and contested the case, pleading that the land was recorded as Jumla Hasab Rasad Rajba and the Gram Panchayat had no concern with the same. The plea further was that there was no pond on this land. As per the petitioners, they were in possession of this land for the last 40 years, as per their share in the Mustarka Khata. The petitioners further pleaded that this land was not reserved for common purposes.
(3.) On the basis of evidence led by the respective parties, Sub Divisional Magistrate-cum-Collector, Ajnala, ordered eviction of the petitioners on 8.8.2008. The petitioners primarily relied on some oral evidence, which was not considered sufficient by the authority whereas the Panchayat had relied upon documentary evidence to prove its case. Even Nishandehi had been conducted by the Patwari and it was recorded that Ranjit Singh son of Teja Singh was in possession of Khata Khatuni No.170/421, who was never impleaded as a party. The Collector, thus, came to the conclusion that Gram Panchayat was the owner and had used this land for common purposes. The petitioners were found to be in illegal possession. They were also found to have encroached upon the land and so were ordered to be ejected.;