- (1.) The instant petition filed under Articles 226 and 227 of the Constitution has sought a direction to respondents No.6 and 7 to vacate their unauthorised possession and remove construction on the shamlat land situated in Village Ishpur, District Hoshiarpur, in pursuance of ejectment order dated 11.8.2009 (Annexure P-1) passed by the District Development and Panchayat Officer, Hoshiarpur, on the application filed by the Gram Panchayat.
(2.) A perusal of the aforesaid order shows that there are categorical findings recorded by the District Development and Panchayat Officer in the concluding paragraph, which read as under:- "After carefully perusing the relevant documents and statement of the witnesses produced by the counsels for both the parties, wherein it was found that the disputed land is situated within the 'Lal Lakir' known as Darwaje Wali Shamlat. It is Panchayat's land and the same has been kept for the common purposes of the village. The Panchayat has kept construction material, bricks etc. on the disputed land for the construction of Janj Ghar (marriage place). According to Naksha (Exhibit P 2) and statement of the witnesses, Rasta is connected with the disputed land from the three sides and house of the respondents is situated on the Western side thereof. R.W. - 1, Sh. Bikker Singh has admitted in his cross examination that he has no document with him regarding the ownership of the land in question. The disputed land is lying vacant. Nothing has been covered therein. R.W.-2, Sh. Jarnail Singh has stated that there are two doors of the house of Bikker Singh respondent, out of which, one door opens towards Gali at the western side and the other door opens towards the Gali at Southern side. It means that the respondent has constructed the boundary wall in his land and there is no door on the Eastern side of the house of respondents and the same is lying vacant. It is therefore, proved that the disputed land is neither the part of the house of the respondents, nor they are in the possession of the same. Respondents have constructed a temporary 'Khurli' (manger) in the disputed land and have also fixed the pegs (Khundey) therein. As such, the respondents are trying to take unauthorized possession for which they have no right. Therefore, the respondents are ejected from the disputed land with the direction that they should remove the temporary 'Khurli' (manger) constructed by them and also remove the pegs (Khundey) thereon and deliver the possession of the vacant land to the Panchayat within 30 days. In case of non vacating of the unauthorized possession by the respondents, possession be got recovered through Police. After due completion, file be consigned to record room (revenue)."
(3.) The aforesaid order was challenged by respondent No.6 in appeal before the Director, Rural Development and Panchayat, Punjab, and the same has been upheld vide order dated 4.6.2010 (Annexure P-2). The case of respondents No.6 and 7 is that possession has been handed over to the Gram Panchayat and they are not in illegal possession even on an inch of land.;