IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1615 of 2010(O&M) Date of decision: 26.11.2010 Manjit Singh …..Appellant versus Director Rural Development and Panchayats Department, Punjab and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.M.S.Kang, Advocate for the appellant Jasbir Singh, J. (Oral) This appeal has been filed against judgment dated 27.9.2010, passed by the learned Single Judge dismissing CWP No.11544 of 2008 filed by the appellant-petitioner. In the above said writ petition, the petitioner has laid challenge to the orders dated 24.10.2006 and 25.1.2008, passed by the Collector and the Commissioner respectively, ordering his ejectment from the land, in dispute. It is contention of counsel for the appellant that the Civil Court, vide judgment and decree dated 23.10.2000, has held the appellant as tenant at will, as such, application against him could not have been filed by invoking the provisions of Section 7 of the Punjab Village Common lands (Regulation) Act, 1961 (in short, the Act). We are afraid that we cannot accept above said contention because vide the Civil Court judgment, only permanent injunction was LPA No.1615 of 2010(O&M) granted in favour of the petitioner, restraining the Gram Panchayat from forcibly evicting him from the land in dispute. No issue was framed regarding tenancy rights of the petitioner or ownership. Otherwise also, as per provision of Section 13 of the Act, the Civil Court has no jurisdiction to entertain any suit regarding title of the common land. Before the Courts below, an attempt was made to show that the appellant is tenant at will, by placing reliance upon the jamabandis wherein entry was in the following manner:- “Gair Marusi on payment of Batai half Paidawar half kharch half.” It was noted by the Courts below and also by the learned Single Judge that no receipt of payment of any Batai to the Gram Panchayat was put on record. In the year 1995, the appellant took the land on lease in open auction for one year and even thereafter, no proof has been provided that any rent was paid to the Gram Panchayat. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 26.11.2010 (Augustine George Masih) gk Judge 2