IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No.727 of 2010(O&M) Date of decision: 28.6.2010 Swatenter Raj passey …..Appellant versus Joint Development Commissioner and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.J.R.Mittal, Senior Advocate with Mr.Rajesh Gupta, Advocate for the appellant Jasbir Singh, J. (Oral) This appeal has been filed against judgment passed by the learned Single Judge on 26.2.2009, dismissing CWP No.3012 of 2009 filed by the appellant/petitioner. In the above said writ petition, the petitioner has laid challenge to an order passed by the Collector on 30.8.2004, dismissing his application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short the Act) for declaring him owner of the land measuring 31 bighas 7 biswas. He has also laid challenge to an order dated 9.1.2008 passed by the appellate authority, dismissing his appeal. Before the Courts below, it was case of the petitioner that he through his father had been in cultivating possession of the land, in dispute since before the year 1950. He being a right holder was rightly in possession of the land in dispute. Before the Court of Collector, he failed to Letters Patent Appeal No.727 of 2010(O&M) substantiate his plea that he is in possession of the land, in dispute, since 1950 rather it has come on record that he was in possession for the last 8-9 years only. Before the appellate Court also, he failed to prove his claim. The learned Single Judge dismissed his writ petition by observing as under:- “The application filed by the petitioner under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 stands dismissed. Appeal against the same has also been declined. Primary reason which weighted with the authority is that the petitioner could not prove himself to be in possession prior to 26.1.1950. Rather, on the other hand, it was found on the basis of various jamabandi entries starting from the year 1950-51 onwards that the land is shamlat deh. These jamabandies for the years 1974-75, 1979-80, 1984-85 and 1994-95 clearly show the land to be in ownership of Nagar Panchayat. Now, recently the name of the petitioner has figured in the revenue record in the cultivation column. In this background, the application filed by the petitioner claiming title has been declined. The petitioner could not point out any evidence on record, which was placed before the authorities showing his possession prior to 26.1.1950. The revenue record is against the petitioner. No case of interference in the exercise of writ jurisdiction is made out.” We feel that the order passed is perfectly justified. Before us also, nothing has been shown on record that the appellant was in cultivating possession since before 26.1.1950. Merely because some cut was imposed during consolidation proceedings upon holding of father of the appellant and the land was reserved for the common purposes of the village, makes out no case in favour of the appellant to claim the land in dispute. The appellant had moved application under Section 11 of the Act only when application under Section 7 of the Act for his ejectment was filed by the respondent-Gram Panchayat. Counsel for the appellant has also failed to show any plausible reason to condone the delay in filing the appeal. Dismissed. (Jasbir Singh) Judge 28.06.2010 (Augustine George Masih) gk Judge 2