CWP No. 16156 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 16156 of 2005 Date of decision: 3.4.2008 Baldev Singh ...Petitioner Versus Deputy Commissioner-cum-Collector, Nawan Shahr and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE K.S.GAREWAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. AS Gill, Advocate, for the petitioner. Mr. N.S. Virk, Additional Advocate General, Punjab. K.S.GAREWAL, J. Baldev Singh has filed this petition to challenge the proceedings concluded against him under the Punjab Pubic Premises and Land (Eviction and Rent Recovery) Act, 1973. According to the petitioner, a petition had been filed against him by the Forest Range Officer on January 17, 1994 in which he appeared and filed his reply pleading that he had been in possession of the land since long, had installed a tubewell on the property and spent a huge amount of money for making it fit for cultivation. He had also been paying lagaan to the State. Reliance was placed on the rent receipts Annexures P/3 to P/5. The Collector dismissed the petition on February 28, 2003 on the ground that the petition did not contain any specific khasra numbers. In the appeal filed by the Forest Range Officer before the Commissioner, the CWP No. 16156 of 2005 2 matter was remanded back to the Collector for a fresh decision. After remand, the Collector came to the following conclusion:- “...It will be seen that as per entries existing in the jamabandies for the years 1989-90 Ex. A/1 and 1999-2000 Ex. P/3 to which presumption of truth is attached under the law, the land in question is recorded to be the ownership of the Provincial Government (Forest Deptt.), in the unauthorized possession of the respondent. The respondent deposited Lagaan with the Punjab State in respect of the said land during 1990 & 1991 at his own risk. xx xx xx xx xx xx Since the Punjab State (Forest Department) is proved to be owner of the land in question and the respondent is in unauthorized possession thereof without payment of any lagaan, I order the eviction of the respondent from the land detailed in the head-note above.” The petitioner filed an appeal which was also dismissed on August 30, 2005. The Commissioner upheld the view that Baldev Singh had failed to pay rent and had, therefore, became unauthorized occupant. The main contention of the petitioner is that the respondent had not produced any evidence or details of the specific khasra number from which the petitioner was sought to be evicted. No khasra number was mentioned in the notification issued by the Rehabilitation Department whereunder land had been handed over to the Forest Department. There was no mutation on record entered in favour of the Forest Department on CWP No. 16156 of 2005 3 the basis of the notification. The petitioner had been in possession of the land since 1974 as tenant-at-will (gairmarusi). The petitioner had been paying rent to the Government but after sometime the Government had refused to accept the rent, therefore, the petitioner continued to as a tenant and his possession was not unauthorized. The jamabandi produced by the petitioner for 1984-85 shows the owner as Punjab Government, the cultivator is Baldev Singh, Gairmarusi (petitioner) but in the column of rent, no amount was mentioned but cultivation has been shown as unauthorized. From this it can be safely concluded that the petitioner's possession was indeed unauthorized and the owner of the property was Punjab Government. Therefore, the Punjab Government had through Forest Range Officer sought the petitioner's eviction because he had no right to remain on the property either as a tenant or cultivator or a lessee or in any other capacity. Once unauthorized cultivation has been recorded, the possession as a tenant-at-will loses all significance and the status that the petitioner may have enjoyed as a tenant- at-will becomes meaningless. We find no merit in this petition and uphold the orders of the authorities below. The petition is dismissed. (K.S. GAREWAL) JUDGE 3.4.2008 (DAYA CHAUDHARY) prem JUDGE