A.B. Chaudhari, J. - (1.) FACTS Petitioner Atma Ram (since dead) had purchased along with other co-sharers, by name Anita Garg and Pawan Garg, land measuring 4 bigha 10 biswas by sale deed No.847 dated 15.4.1959 out of 63 bighas 9 biswas comprised in Khasra No.1997 situated at village Bathinda, District Bathinda. His share was 1/4th i.e. 1 bigha 21/2 biswas falling on western side of Bathinda-Guniani road. Thereafter, Atma Ram purchased 1/4th more share out of the said 4 bigha and 10 biswas by registered sale deed and thus he became owner in possession of total land measuring 2 bigha 5 biswas out of 4 bigha 10 biswas. Anita Garg and Pawan Garg had filed CWP No.2600 of 1994 in this Court putting to challenge notifications for acquisition of the land for the Scheme at Bathinda-Guniani Road. That was decided on 20.10.1989 in favour of the petitioners therein, i.e., Anita Garg and Pawan Garg and on 2.4.2012, Letters Patent Appeal No.467 of 1990 was allowed by this Court setting aside the judgment made by the learned Single Judge dated 20.10.1989. However, the appellate judgment dated 2.4.2012 was set aside by the Apex Court and fresh hearing by this Court was ordered by the Apex Court.
(2.) Petitioner Atma Ram had filed the present petition in this Court on 28.9.2010 with a prayer to declare possession by Bathinda Improvement Trust (in short the Trust) of 2 bighas 5 biswas land in Khata No.691, khasra No.1997 at Bathinda-Guniani road illegal and consequent restoration of possession to him. According to the petitioner, Atma Ram, in the year 2002 the Trust had tried to take the possession under the garb of the award passed. The petitioner had on erroneous advice of the counsel filed a suit for declaration and permanent injunction which was dismissed on 15.3.2010. Thereafter, from the year 2005, the petitioner had made correspondence with Government authorities and there was a direction to make a fact finding report. It is in the light of the above facts, the petitioner sought the relief as earlier stated.
(3.) The Trust has filed written statement dated 20.7.2011 to this petition. It is stated that the petition filed by Anita Garg (CWP No.2600 of 1984) was filed on 20.10.1989 against which LPA No.467 of 1990 was filed and it remained pending for final hearing. In para 3 of the written statement, it was stated that the land of the petitioner and other co-sharers measuring 7 bighas 10 biswas was acquired. The Trust had taken the same stand before the Civil Court which finally on evidence dismissed the suit filed by the petitioner Atma Ram on merits. ARGUMENTS;