IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.23825 of 2011 Date of decision : 21.12.2011 Gram Panchayat Mehmadpur … Petitioner Versus Director Rural Development and Panchayats, Punjab and others …Respondents CORAM : HON’BLE MR.JUSTICE SATISH KUMAR MITTAL HON’BLE MR.JUSTICE PARAMJEET SINGH Present : Mr.V.K.Sandhir, Advocate for the petitioner. Paramjeet Singh, J. The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India for quashing order dated 18.5.2011 (Annexure P-5) passed by Commissioner -respondent No.1 whereby the appeal of Surjit Kaur, now represented by the private respondents has been accepted under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to be as the ‘Act’), setting aside order dated 29.10.2009 (Annexure P-2) passed by the Collector under Section 7 of the Act. Brief facts of the case are that Gram Panchayat filed a petition against Smt.Surjit Kaur, mother of respondents No.3 and 4 for eviction from Khasra No.160 measuring 6 Bigha 7 Biswa situated in village Mehmadpur Tehsil Dera Bassi, District SAS Nagar. The said petition was allowed and direction to dispossess Surjit Kaur, mother of the private respondents was issued. The private respondents preferred an appeal against order dated CWP No.23825 of 2011 29.10.2009 (Annexure P-2) which has been accepted by the Commissioner vide order dated 18.5.2011 (Annexure P-5). Hence, this Civil Writ Petition. We have heard learned counsel for the petitioner and have perused the evidence on record. The Commissioner after appreciating the evidence on record, has recorded a categorical finding that the land in the Jamabandi for the year 1944- 45 is described as ‘Shamlat Deh Hassab Hissa Pamana Haqiet’ and in the column of cultivation, name of the father of the private respondents appears. This entry is continuous. It has been brought on record that the Civil Judge, 3rd Class, Rajpura, vide order dated 31.5.1973 had decided the suit regarding the land in dispute in favour of the private respondents. The decree has been passed in the year 1973 prior to the amendment in the Act. The amendment has been effected in the year 1976. This Hon’ble Court has declared such decrees valid. The Gram Panchayat had filed petition under Sections 7 and 11 of the Act earlier too which had been rejected by the Collector vide order dated 26.11.1986. The Commissioner had held that principle of res judicata applies in this case and set aside the order dated 29.10.1999 (Annexure P-2) passed by the Collector and allowed the appeal. Petitioner has failed to show to this court how the findings recorded by Commissioner are erroneous in law. We do not find any illegality, perversity in the impugned order. So in view of the facts of the present case, we are of the opinion that the order of learned Commissioner does not call for any interference. No merit. Dismissed. [ PARAMJEET SINGH ] JUDGE [ SATISH KUMAR MITTAL] 2 CWP No.23825 of 2011 JUDGE 21.12.2011 sd 3