JASBIR SINGH,J. - (1.) C.M. No. 3116 of 2011 In view of reasons mentioned in this application, which is accompanied by an affidavit, it is allowed and 187 days delay in filing the appeal stands condoned. LPA No. 1117 of 2011
(2.) This appeal has been filed against an order passed by the learned Single Judge on 9.11.2010, dismissing CWP No.12507 of 2010, filed by the appellant.
(3.) It is apparent from the record that the Gram Panchayat filed an application under Section 7 of the Act for ejectment of the appellant from the land, which he had encroached upon and amalgamated in his house. After contest, application was allowed by the Collector vide order dated 30.10.2007. In the meantime, the appellant had also filed an application under Section 11 of the Act with a prayer that he be declared owner of the land in question. That application was dismissed by the Divisional Deputy Director, Rural Development and Panchayat at Patiala exercising the powers of Collector under the provisions of the Punjab Village Common Lands (Regulation) Act, 1961 (in short, the Act) vide order dated 6.5.2008, by observing as under:- "On perusal of the record brought on file and after hearing the arguments of the ld. counsel of both the parties, I have come to the conclusion, that jamabandi for the year 2002-03 has been placed on record as Ex.R4 and according to it Nagar Panchayat Jand Mangoli is the owner of the disputed land. This land has been kept reserved for Gair Mumkin latrines. In support of his stand taken by the petitioner his petition that he is in possession since 26.1.1950 by constructing the house, he has failed to submit any documentary proof from which it could be established that his possession over this land is old. The petitioner has filed this petition in order to prolong the eviction proceedings filed against him. The same is dismissed. Therefore, the petition of the petitioner being baseless is dismissed." ;