ASHUTOSH MOHUNTA, J. - (1.) THE petitioner has filed the present writ petition praying for quashing of orders Annexures P-2 and P-3 by which he was ordered to be evicted from the land in dispute.
(2.) BRIEFLY the facts of the case are that Gram Panchayat of village Bangi Ruldu fired an application under Section 4 of the Punjab Public Premises of Land (Eviction and Rent Recovery) Act, 1973 regarding the eviction of the petitioner from land measuring 30 kanals 9 marlas situated at village Bangi Ruldu. It is averred that the petitioner is in illegal occupation of the land in dispute, therefore, he is liable to be evicted. It was further averred that the land in dispute was leased out to the petitioner for a period of one year for which the petitioner had also paid the lease amount but on the expiry of one year, as the petitioner has not evicted (vacated ?) the land, therefore, he is liable to be evicted. The respondent took up the defence that as the Gram Panchayat is not owner of the land, therefore, the application under Public Premises Act is not maintainable, It was further averred that the land has been described in jamabandi in the year 1974-75 as Jumla Malkan Hasabrasad Rakwa and therefore, the land belongs to the proprietors of the village and the Gram Panchayat does not have any right to claim in this land, in dispute. Gurdarshan Singh, Sarpanch appeared as a witness and placed on record the original receipt books and Pattanamaas as well as proceeding book according to which the land in dispute was given on rent to various persons in the year 1970-71. The land was duly auctioned for rent at the common sitting place in the village and each Tak was a auctioned separately. The petitioner was given Tak No. 10 for Rs. 1250/-. It was further stated by the Sarpanch that the Gram Panchayat has been leasing out the land in dispute through auctions.
(3.) MR . Munjal, learned State counsel states that once the petitioner had taken the land on lease from the Gram Panchayat by making bids, then he cannot challenge the ownership of the Gram Panchayat.;