HEMANT GUPTA, J. - (1.) The present Letters Patent Appeal under Clause X of the Letters Patent is directed against an order passed by learned Single Bench of this Court on 23.05.2011 whereby the writ petition filed by the Appellants challenging the order of Additional Director, Panchayats, Punjab, Chandigarh exercising the powers of Commissioner under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act) was dismissed.
(2.) The Gram Panchayat filed petitions under Section 11 and 7 of the Act seeking eviction of the present appellants from the land bearing Khasra Nos.640/331, 332, 333, 347, 348, 349 measuring 93 Bighas 18 Biswas situated in village Kishanpura, Tehsil and District Patiala. The learned Collector dismissed the said petition relying upon report of Sh. Hari Kishan, Special Kanungo (Ex.R-1) to hold that the petitioners or their predecessors-in-interest have proved their possession prior to 26.01.1950. In appeal, the learned Commissioner returned a finding that Panchayat is the owner as per the Jamabandi produced on record for the year 2004-05 (Vikrami Samvat), 1951-52, 1959-60, 1963-64. However, the learned Commissioner found that Collector has referred to the statement of Kanungo to return a finding that the appellants are in possession prior to 26.01.1950 but such statement cannot be believed because the statement of Kanungo is incorrect and that the possession of the appellant is proved only since the years 1974-75.
(3.) The learned Single Bench dismissed the writ petition holding that the land vest in Panchayat and that the Collector was not justified in holding that petitioners were in possession of land prior to 26.01.1950.;