- (1.) This order shall dispose of C.W.P. Nos. 4252, 4615, 4616, 4617, 4618 and 4619 of 1980, which arise out of the same order.
(2.) The basic facts leading to the passing of the order of ejectment against the petitioners are the same. The facts are being taken from CWP No. 4252 of 1980. Shortly stated, the facts are - Collector, Anandpur Sahib, District Ropar, respondent No. 2 issued notice Annexure P-1 to the petitioner under SubSection (1) of section 4 of the Public Premises and Land (Eviction and Recovery) Act, 1973 on the premises that the petitioner was in unauthorised occupation of the public premises mentioned in the schedule of the same notice. The ground for eviction mentioned in the notice, Annexure P-1, is reproduced below : "You have entered into possession of the land otherwise than under and in pursuance of any allotment, lease or grant."
(3.) In pursuance of the notice, Annexure P-1, petitioner filed reply, copy of which has been attached as Annexure p-2. The petitioner basically took four points in his reply, which are reproduced below : (1) That the land in dispute was such Shamlat Deh which was not liable for its vesting in the Gram Panchayat. The same was exempt from vesting in the Gram Panchayat, in view of Section 2(g) (5) (i) to (ix) of the Punjab Village Common (Regulation) Act No. 18 of 1961. (2) The cultivating possession of the respondents is for more than 30 years, without payment of any rent to anybody and is protected from eviction. (3) That the respondents are occupancy tenants and are recorded in such status by custom and otherwise. At any rate the respondents are in possession for the last more than 30 years without payment of any rent to anybody. (4) That the possession and existing right, title and interest of the respondents is protected from eviction under section 4(3) of the Punjab Village Common Lands (Regulation) Act No. 18 of 1961." Collector, Anandpur Sahib, finally disposed of file matter in dispute vide its order dated September 1, 1979 (Annexure P3) and held that the land in dispute had been mutated in the name of Gram Panchayat and the petitioner was in unauthorised possession thereof; that the petitioner was not paying any land revenue or rent of the land to the Panchayat and as such would be deemed to be in un-authorised possession of the land, The question of title was not decided. The question as to whether the petitioner was protected from eviction under Section 4(3) of the Punjab Village Common Lands (Regulation) Act, 1961 was also not decided. Petitioner filed an appeal against the order Annexure P-3 again specifically alleging in paragraph 6 of the grounds of appeal (Annexure P-4) that according to jamabandis produced on record as Annexures R-1 to R-6, pertaining to the years 1939-40, 1943-44, 1952-53, 1956-57, 1966-67 and 1971-72, the petitioner was in cultivating possession of the land in exercise of his occupancy rights and his possession was protected under Section 4(3) (ii) of Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Regulation Act), Section 4 of this Act is reproduced below;