- (1.) The petitioners have laid challenge to the order dated 23.06.1987 (Annexure P-5) passed by the Joint Director, Panchayats, Punjab exercising the powers of Commissioner-cum-Appellate Authority under the Punjab Village Common Lands (Regulation) Act, 1961 whereby Gram Panchayat's appeal has been accepted declaring it to be the owner of land in dispute measuring 7 kanals. In view of the nature of order, which we propose to pass, it is not necessary to refer to the facts in extenso. Suffice it shall be to mention that according to the petitioners, they are in physical possession of the subject land since the time of their forefathers and their possession is duly recorded in the jamabandis for the year 1925-26 onwards. The Gram Panchayat, on the other hand, claimed that the subject land was Shamlat Deh and the petitioners are in its unauthorized occupation. Reliance was placed on the jamabandis starting from the year 1961-62 till 1979-80 wherein the Gram Panchayat was recorded as its owner though petitioners and their predecessor were shown to be in possession as gair marusi.
(2.) The Gram Panchayat filed a petition under Section 11 of the 1961 Act read with Section 4 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 seeking declaration of its title and eviction of the petitioners from the suit land. The District Development and Panchayat Officer, Bathinda exercising the powers of Collector, dismissed the Gram Panchayat's petition vide order dated 23.08.1982 (Annexure P-2) after giving a categoric finding of fact that the predecessors-in-interest of the petitioners were duly recorded in possession in the jamabandis of the year 1925-26 onwards and the old Khasra numbers mentioned in those jamabandis were changed and substituted by new numbers by the Consolidation Officer, Mansa vide order dated 29.05.1961 (Annexure P-3). The Collector, thus, held that the possession of the petitioners or their predecessor was continuous and uninterrupted for more than 12 years before the commencement of the 1961 Act. The subject land was, thus, held to be out of the purview of the Shamlat Deh within the meaning of Section 2 (g) of the 1961 Act.
(3.) The aggrieved Panchayat preferred an appeal which has been allowed by the Appellate Authority vide order dated 23.06.1987. The Appellate Authority has viewed that the land mentioned in jamabandis for the year 1925-26 till 1958-59 is different and is not the same land as mentioned in the jamabandis for the year 1961-62 onwards. The Appellate Authority has further observed that in the later jamabandis from 1961-62 onwards, the Gram Panchayat is recorded as owner whereas the nature of possession of the petitioners is bewajah kabja zabran i.e. forcible possession.;