KARNAIL SINGH(DECEASED) THROUGH LRS Vs. THE COMMISSIONER, FEROZEPUR DIVISION, FEROZEPUR AND OTHERS
LAWS(P&H)-2014-7-1065
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 30,2014

Karnail Singh(Deceased) Through Lrs Appellant
VERSUS
The Commissioner, Ferozepur Division, Ferozepur And Others Respondents

JUDGEMENT

PARAMJEET SINGH,J. - (1.) The instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the order dated 11.09.1992(Annexure-P4) passed by the Collector, Ferozepur and order dated 01.06.1993(Annexure P-5) passed by the Commissioner, Ferozepur Division, Ferozepur.
(2.) The brief facts relevant for disposal of the present writ petition are to the effect that respondent No.3- Gram Panchayat filed an application under Section 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act 1973 read with Section 7 of the Punjab Village Common Lands(Regulation) Act 1961 for ejectment of Karnail Singh original petitioner who is now represented by his Legal representatives. The learned Collector after considering the facts, ordered the eviction of the petitioner and also ordered recovery of the amount as per rules. Against that, Karnail Singh, preferred an appeal before the Commissioner which has been dismissed. Hence this writ petition.
(3.) On an application moved by respondent No.4 it was impleaded as such vide order dated 04.01.1994 as the area of the Gram Panchayat/Respondent No.3 had already been included in the Notified Area Committee/respondent No.4. Respondent No.4 filed its written statement and pleaded that area of Gram Panchayat/Respondent No.3 had been included in the Notified Area Committee vide notification dated 11.01.1993 as such the property of Gram Panchayat stood vested in respondent No.4. It is averred that the petitioners are in illegal and unauthorised possession of the suit land; mutations have been wrongly got sanctioned and in fact the mutation has also been sanctioned in the name of the answering respondent. It was further pleaded that judgment and decree dated 22.07.1989 is null and void and is not binding on the rights of respondent Nos.3 and 4. It was prayed that writ petition be dismissed as the orders of the authorities below are legal and valid.;


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