RAJIVE BHALLA, J. - (1.) CHALLENGE in the present writ petition is to the orders dated 10.11.2004 and 22.12.2004 passed by the Joint Development Commissioner, Punjab (exercising the powers of the Commissioner), under the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as 'the Act') accepting an appeal filed by the Gram Panchayat-respondent No. 3 and dismissing an application for review filed by the petitioner.
(2.) THE petitioner's refrain briefly put is that in the absence of any application filed under Section 11(1) of the Act, the Joint Development Commissioner had no jurisdiction to entertain the appeal filed by the Gram Panchayat under Section 11(2) of the Act. The petitioner, claiming to be lessee of the Central Government and in possession of the land in dispute, filed a suit for permanent injunction before the District Development and Panchayat Officer-cum-Collector (D.D.P.O.) to restrain the Gram Panchayat from dispossessing him, except in due course of law. It was pleaded that as per revenue record, the land belonged to the Central Government and the Gram Panchayat had no right to the land. The D.D.P.O. vide order dated 2.5.2000, dismissed the suit, by holding as follows :- "This case was presented today and after perusing the record, I have come to the conclusion that the land in dispute is ownership of Central Government. The Panchayat has no right over the same. As per the revenue record, the Mutation has been sanctioned in favour of the plaintiff on 15.12.1961. Since in the ownership column, the land in dispute is shown to be of Central Government, therefore, this Court has no jurisdiction to entertain this case. Therefore, this case is beyond the jurisdiction of this Court. This file be therefore consigned to the record."
(3.) THE D.D.P.O., thus, while holding he had no jurisdiction held that the land in dispute was owned by the Central Government and the Panchayat had no right over the land.;