- (1.) The petitioners pray for issuance of a writ in the nature of certiorari, for quashing orders dated 16.08.2007, passed by the Collector, Ferozepur and order dated 05.05.2010, passed by the Joint Development Commissioner, Punjab, respectively.
(2.) Counsel for the petitioners submits that the impugned orders holding that the Gram Panchayat is owner of the land in dispute, are illegal and void as the Gram Panchayat has failed to produce any evidence of its ownership. It is further submitted that the land in dispute has been in possession of the petitiones' forefathers since 1960-1961 and they have constructed a house but the Collector and the appellate authority have wrongly held that the land belongs to the Gram Panchayat. It is further submitted that there is no evidence on record that the land was ever reserved or kept for common purposes of the panchyat or for residents of the village. It is also contended that the petition could not have been filed by respondents no.3 and 4, who are private persons as such a petition can only be filed by the Gram Panchayat.
(3.) Counsel for the respondent-Gram Panchayat submits that as per jamabandis for the years 2006-2007, 2001-2002, khasra nos.624 and 625 are both recorded as "Shamilat Deh". The land in dispute, therefore, vests in the Gram Panchayat. The petitioners are in unauthorised occupation of khasra no.625. Khasra Nos.624 and 625 were reserved for construction of water works, which have been constructed in Khasra No.624. The land in Khasra No.625 is required for construction of houses of employees, who are to manage the water works.;