- (1.) Bishan Dass chela Sewa Dass has through this petition under Articles 226/227 of the Constitution of India, challenged the proceedings against him filed by Gram Panchayat, Bakhtari, under the provisions of Section 7 of the Punjab Village Common Lands Act, 1961 (hereinafter referred to as the Act).
(2.) The main contestants are Bishan Dass and the Gram Panchayat. In the application filed on July 22, 1980, the Gram Panchayat pleaded that Bishan Dass had illegally taken possession of the land in dispute, he was in unauthorized possession and had no legal right to retain the possession. He was liable to be evicted from the land and also liable to pay damages for illegal use and occupation. The panchayat relied upon the jamabandi for the year 1976-77 in which it was recorded as the owner, Jamadar Singh was recorded as gair marusi awal and Bishan Dass as gair marusi doyam. In the column of rent, it was recorded billa lagan.
(3.) The defence pleaded by Bishan Dass was that the Gram Panchayat was not the owner of the land in dispute. The land was owned by proprietory body and during consolidation the land had been allotted to the proprietors of the village, this land was the bachat land and owned by the proprietors. The land did not fall within the purview of Shamlat Deh. Mutation 374 was forged and fictitious.;