- (1.) Instant writ petition has been filed under Article 226 of the Constitution of India for setting aside the order dated 03.06.2009 (Annexure P-4) passed by Deputy Commissioner-Exercising the power of Commissioner, Patiala Division, Patiala, under the Punjab Public Premises & Land (Eviction & Rent Recovery) Act, 1973 (in short, "1973 Act"). In brief, facts giving rise to the present writ petition are to the effect that respondent No. 3-Na-gar Council, Banur filed application for eviction of the petitioner from the disputed land measuring 9 bighas 4 biswas comprised in khasra Nos. 1274(3-10), 1275(4-0), 1276 min (1-14), situated in Banur, Tehsil Rajpura, District Patiala. Notice was issued to the petitioner herein, who filed reply, however, the same is not available on record. In fact, the petitioner moved application for correction of khasra girdawari mentioning that Gurdit Singh, husband of Gulzaro, who was cultivating the land, had handed over the possession to him. The petitioner claimed that he had come into possession on the basis of some agreement. As a result of the same, entries were made in favour of the petitioner. The application for correction of khasra girdawari was dismissed by the Assistant Collector-II Grade, Rajpura and appeal filed by the petitioner was also dismissed by the Collector, Sub Division, Patiala vide order dated 17.07.2006 (Annexure P-1). Thereafter, respondent No. 3-Nagar Council, Banur filed application under Sections 4 and 5 of the 1973 Act for ejectment of the petitioner herein from the disputed land with the averments that Nagar Council, Banur is the owner of the disputed land and petitioner herein is in wrongful possession of the same. The said application was dismissed with an observation that the disputed land is not covered under the 1973 Act. Respondent No. 3- Nagar Council, Banur preferred an appeal before the Deputy Commissioner, Patiala exercising the powers of Commissioner, Patiala Division, Patiala which has been allowed vide impugned order dated 03.06.2009 (Annexure P-4).
(2.) I have heard learned counsel for the parties and perused the record.
(3.) Arguments raised by the petitioner before the Commissioner, Patiala was to the effect that Nagar Council, Banur is not the owner of the disputed area. The Nagar Council, Banur has not passed any resolution to file the application under Sections 4 and 5 of the 1973 Act, therefore, Executive Officer, Nagar Council has no right to do so. On 14.05.1994, one Gurdit Singh filed a civil suit against Nagar Council, Banur and decree was passed to the effect that he could be dispossessed from the disputed land only in accordance with law. It was also contended that since the petitioner had purchased the disputed land from Gurdit Singh, his possession was valid and legal and he cannot be evicted.;