- (1.) The Gram Panchayat of village Kalwa, Tehsil and District Patiala, prays for issuance of a writ of certiorari for quashing order dated 15.02.2007, passed by the Joint Development Commissioner (IRD), Punjab. The dispute that arises for adjudication is whether the land in dispute is "Shamilat Deh" as defined under Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act').
(2.) Counsel for the Gram Panchayat submits that the land in question is, admittedly, recorded as "Shamilat Deh" and was being leased out annually, by the Gram Panchayat as reflected in entries of the lease register Exs. R-4 to R-6. The jamabandies for the years 1972-73(Ex. P-11), 1977-78 (Ex. P-12), 1987-88 (Ex. P-14) record payment of Chakota. The finding recorded by the Appellate Authority that as the land in dispute was "Banjar Qadim" on 09.01.1954, it does not vest in the Gram Panchayat is factually and legally incorrect. The finding that the land in dispute is "Bachat Land" contradicts the aforementioned finding and even otherwise as the land is recorded as ownership of the Gram Panchayat, the declaration of ownership issued in the impugned order is illegal, null and void. It is further submitted that for land to be excluded from "Shamilat Deh", it should be "Banjar Qadim" on the date of enactment of the 1961 Act. As there is no evidence on record that the land was "Banjar Qadim" on the date of enactment of the 1961 Act, the impugned order is illegal and void.
(3.) Counsel for the private respondents, on the other hand, submits that the impugned order does not suffer from any illegality much less an error of law. The receipts of rent, allegedly, evidencing, payment of lease amount, by the private respondents' father are entirely irrelevant as the land in dispute does not vest in the Gram Panchayat. It is further submitted that as the land was "Banjar Qadim", on the date of enforcement of the Pepsu Village Common Lands (Regulation) Act, 1954 (hereinafter referred to as 'the 1954 Act'), the Appellate Authority rightly reversed the order passed by the Collector.;