- (1.) The challenge in the present writ petition is to an order passed by the Assistant Collector Ist Grade, Jalandhar on 04.12.2001 (Annexure P-1) partitioning the alleged joint land in an application under Section 111 of The Punjab Land Revenue Act, 1887.
(2.) The grievance of the petitioner is that, in fact, the land, subject matter of partition, is owned by Panchayat but without impleading Panchayat as a party-respondent in such proceedings, an order of partition has been obtained which cannot affect the rights of the Panchayat. It is also pointed out that Panchayat has filed a petition under Section 11 of Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act), claiming title over land measuring 57 Kanals 13 Marlas. The said petition was allowed by the Collector on 08.11.2007 (Annexure P-2) and appeal was dismissed by the Commissioner on 29.03.2010 (Annexure P-4). Therefore, CWP No.23586 of 2012 2 the order (Annexure P-1) is not enforceable against the rights of the Panchayat.
(3.) Mr. Bunger states that the order of partition relates to much more land than the land measuring 57 Kanals 13 Marlas, the land in question in proceedings under Section 11 of the Act. Therefore, in view of the order passed by the authorities under the Act, the order of partition to the extent the land involved in proceedings under Section 11 of the Act shall not hold good. It is contended that proceedings under Section 11 of the Act are not in respect of specific khasra numbers, therefore, only khasra numbers relating to land measuring 57 Kanals 13 marlas alone cannot be said to be vested with Panchayat.;