- (1.) In this revision petition filed under Article 227 of the Constitution of India, Karnail Singh-petitioner has assailed order dated 29.12.2010 (Annexure P-1), passed by the Director, Rural Development and Panchayats, Punjab-respondent No. 1, exercising the powers of the Commissioner under the Punjab Village Common Lands (Regulation) Act, 1961 (in short, 'the Act').
(2.) The Gram Panchayat-respondent No. 2 filed an ejectment petition under Section 7 of the Act against the petitioner herein, seeking his ejectment from the disputed land. The petitioner herein filed an application under Section 11 of the Act seeking declaration that he is owner of the disputed land. The Collector-cum-Divisional Deputy Director, Patiala, vide common order dated 22.7.1993 dismissed the application filed by the Gram Panchayat and allowed the application filed by the petitioner.
(3.) The Gram Panchayat-respondent No. 2 filed an appeal in the year 2010 before respondent No. 1 against the aforesaid order dated 22.7.1993 passed by the Collector alongwith an application for condonation of delay. It was alleged in the application for condonation of delay in filing the appeal that Karnail Singhpetitioner was related to the Collector who passed the order dated 22.7.1993 and, therefore, the then Gram Panchayat did not file appeal against the said order. The said Gram Panchayat failed to protect the interest of public property. Now the petitioner filed a civil suit against the Gram Panchayat and thereupon the Gram Panchayat came to know about order dated 22.7.1993 and filed the appeal immediately against the said order.;