- (1.) THE present Letters Patent Appeal is directed against an order passed by the learned Single Bench on 15.2.2011 whereby the writ petition filed by the appellant was dismissed as also an order passed in review on 21.10.2011, whereby the review application filed by the appellant after producing additional documents, was also dismissed.
(2.) THE facts in brief are that one Raj Singh and Mehar Singh filed a petition under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act'), alleging therein that the Gram Panchayat is owner in possession of the land measuring 2218 kanals and 6 marlas as per the Jamabandi for the year 1994 -95 and that respondent Nos. 1 to 8 (some of whom are also the respondents in the present appeal as well) are in unauthorized possession of the same. In such petition, an order was passed on 28.9.1998 to treat the petition under Section 7 of the Act as a regular suit under Section 7(3) of the Act and the non -applicants were ordered to file the plaint/suit. Such suit was dismissed on 27.5.1999 (Annexure R.13/1), holding that the Gram Panchayat is owner and in possession of the suit land. The appeal against the said order was dismissed on 29.11.1999, but the revision petition was allowed by the Commissioner on 16.8.2001 and the matter was remitted back to the Assistant Collector for fresh decision.
(3.) THE learned Assistant Collector allowed the suit/ petition vide his order dated 20.6.2002 (P.1). He referred to the Jamabandi for the year 1939 -40 (Exhibit P.1), which records Shamlat Deh Makbuja Hasab Rasad Malgujari Mundraja Missal Hakiat in the column of ownership, whereas in the column of cultivation, the entry of Makbuja Malkaan. The Assistant Collector also took into consideration the Jamabandi Exhibit P.2 for the year 1944 -45, wherein a similar entry was recorded. The Assistant Collector also considered Exhibit P.3 Sharat Wazibul Arz, wherein it is recorded that Gair Mumkin Gravehyard Rasta and Pond etc., are not capable of being partitioned and rest of the land is Banjar Qadim. It was held that the land is Banjar Qadim and not used for common purposes, therefore, the same does not vest with in the Panchayat. Such order was challenged in appeal before the Collector, Gurgaon. The learned Collector found, in his order dated 18.2.2003 (Annexure P -2), that if in the column of ownership, the entry of Shamlat Deh is recorded then such land would vest in the Gram Panchayat under Section 2(g)(1) of the Act. The extract from the order including the extract from jamabandi for the year 1939 -40 (Ex P -1) is as under: - Sr. No. Khewat No. Khatauni No. Ownership Cultivation Total area 1. 156 597 Shamlat Deh Hasab Rasad Malgujari Mundraja Missal Hakiat 1939 -40 Makbuja Malkaan 614 Bigha 16 Biswa 2. -do - 598 to 656 -do - Cultivation of shareholders 22 Bigha 17 Biswa 16 Biswansi 3. -do - 657 to 661 -do - Cultivation of Gair Marusian 7 Biswa 4. -do - 662 -do - Makbuja Ahale Chamaran 1 Bigha 4 Biswa 5. -do - 663 -do - Saare -aam 13 Bigha 5 Biswa Total 652 Bigha 9 Biswa 16 Biswansi;