- (1.) The petitioners pray for issuance of a writ in the nature of certiorari setting aside order dated 2.11.1007 passed by Joint Development Commissioner (IRD) (exercising the powers of the Commissioner, under the Punjab Village Common Lands (Regulation) Act, 1961,( hereinafter referred to as the "1961 Act") reversing order dated 20.1.2004 passed by the Collector-cumDivisional Deputy Director, Rural Development and Panchayat, Patiala.
(2.) The petitioners filed an application under section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the "1961 Act") claiming that they are owners in possession of land measuring 18 Bighas-13 Biswas. The petitioners alleged that as the land is recorded in the ownership of "Shamilat deh hasab hisas mundraza shajra nasab", it raises an inference that the land was partitioned amongst proprietors/co-sharers, and is in their individual cultivating possession as owners. It was also averred that as during consolidation, there was no Shamilat deh, consolidation authorities made a deduction from land belonging to proprietors and though land owners did not make any demand for reserving any land as charand (pasture), land measuring 166 Bighas-13 Biswas was reserved as Charand. It was also averred that as the Missal Haquiat (final document of consolidation) records the ownership of "Shamilat deh hasab hisas mundraza shajra nasab" and jamabandi for the year 1950-51 contains the same entry and records possession of "makbuja malkan", it is clear that the land was in possession of proprietors before 26.1.1950. The Gram Panchayat denied these averments and pleaded that the land in dispute belongs to the Gram Panchayat as it was never partitioned by the proprietors before 1950 and the petitioners are in an unauthorised occupation. On the basis of these pleadings, parties led evidence and vide order dated 20.1.2004, the Collector-cum-Divisional Deputy Director, Rural Development and Panchayat, Patiala, held that as the land in dispute is in possession of petitioners from the beginning, as established by the expression, "Makbuja Malkan" and admitted by the sarpanch when the girdawari was changed in the year 1994-95.
(3.) The Gram Panchayat, therefore, has no concern with the land in dispute. The petition was allowed.;