- (1.) The petitioner prays for issuance of a writ in the nature of certiorari for quashing order dated 26.11.1996 passed by the District Development and Panchayat Officer, Fatehgarh Sahib and order dated 28.9.2001 passed by the Director-cum-Special Secretary, Punjab State Rural Development and Panchayat Department, Chandigarh, directing his ejectment and dismissing his appeal, respectively.
(2.) Counsel for the petitioner submits that the petitioner is in possession of the land in dispute since the time of his forefathers. The jamabandies for the years 1976-77, 1981-82, 1986-87, 1991-92 and 1996-97 record that the petitioner is in possession as "gair marausi" and though jamabandies for the years 1986-87 and 1991- 92 record that the petitioner is in possession on payment of Rs.150/- as chakuta, the entries are incorrect as the land was never auctioned by the Gram Panchayat or taken by the petitioner on rent.
(3.) It is further submitted that the mere fact that the Gram Panchayat is recorded as owner of the land in dispute, does not establish that the Gram Panchayat is its owner, particularly when there is no evidence that the land was used for common purposes or was ever auctioned by the Gram Panchayat.;