- (1.) The petitioners pray for issuance of a writ in the nature of certiorari for setting aside orders dated 19.10.2004 (Annexure P-7) and 20.02.2008 (Annexure P-9), passed by the District Development and Panchayat Officer-cum-Collector, Ludhiana and the Joint Development Commissioner (IRD) (exercising the powers of Commissioner), Punjab, Chandigarh, respectively. Counsel for the petitioners submits that Bant Singh predecessor-in-interest of the petitioners was cultivating land measuring 32 kanals and 9 marlas, situated in village Herian, as a tenant at will. The jamabandi for the year 1970-71, records Bant Singh as "Gair Mantsi" and the column of rent records rent @ Rs. 1080/- per annum. The subsequent jamabandies for the years 1995-96, 2000-01 and 2005-06 record the same entries. The Gram Panchayat tried to dispossess Bant Singh, forcibly. Bant Singh, therefore, filed a suit for permanent injunction before the Additional Senior Sub Judge, Samrala. The suit was decreed after the Additional Senior Sub Judge, Samrala, recorded a clear finding that the Gram Panchayat has failed to produce any evidence that it was leasing out the land. The Gram Panchayat filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the '1961 Act') against the petitioners after their father, Bant Singh, passed away. The learned Collector has without considering entries in the revenue record and the fact that the Gram Panchayat did not produce any evidence that it had leased out the land, ordered the eviction of the petitioners. Despite the above entries, the Collector has held that the petitioner is in unauthorised possession of Gram Panchayat property. The appeal filed by the petitioners was dismissed, without considering that the petitioners are recorded as a tenant at will and, therefore, protected by the provisions of Punjab Tenancy Act, 1887. It is argued that as the petitioners are not in unauthorised occupation of Gram Panchayat property, a petition under Section 7 of the 1961, was not maintainable. It is further submitted that a Full Bench of this Court has held in Sarwan and Rati Ram, v. Joint Director, Panchayats, Punjab, 1985 PunLJ 262, that a person recorded as tenant at will, cannot be said to be in unauthorised occupation, liable to eviction under Section 7 of the 1961 Act.
(2.) Counsel for the Gram Panchayat submits that entries in the jamabandi are incorrect. As per entries in the jamabandi, the land is "Shamilat Deh" and, therefore, the ownership of the Gram Panchayat. The entry in the jamabandies recording the petitioners as "Gair Marusi" on payment of rent are incorrect. The petitioners have not adduced any evidence of their tenancy by reference to any resolution passed by the Gram Panchayat, any lease deed, or receipts of rent etc. It is argued that entries in the jamabandi, raise a rebuttable presumption of truth and as the petitioners have failed to adduce any evidence, in support of these entries, the entires stand rebutted. The petitioners or their father were never inducted as tenants, by the Gram Panchayat. Manjit Singh and Jarnail Singh took the land on lease in 1991-92 and 1992-93 and thereafter did not surrender possession to the Gram Panchayat. The Collector has, therefore, rightly ordered their eviction. It is further argued that the stand taken by the petitioners that the land in dispute is "Bachat Land", is contradictory and in fact clearly establishes that the petitioners are unauthorised occupants.
(3.) We have heard counsel for the parties and perused the impugned orders.;