CWP No.3601 of 1985 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.3601 of 1985 Date of Decision: 20.8.2008 Dharam Singh .....Petitioner Vs. Collector, Karnal and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. C.B. Goel, Advocate with Mr.Nitin Jain and Mr.Manoj Sharma, Advocates for the petitioner. Mr.Ashish Aggarwal, Advocate with Mr.Vijay S.Kajla, Advocate and Mr.Gopal Sharma, Advocate for Mr.N.S. Panwar, Advocate for respondent no.3. .... RAJIVE BHALLA, J (Oral) The petitioner prays for the issuance of a writ in the nature of Certiorari for quashing the orders dated 29.8.1984 and 13.11.1984 passed by the Assistant Collector, Ist Grade, Karnal and the Collector,Karnal, respectively, ordering the ejectment of the petitioner. The Gram Panchayat-respondent no.3, filed an application under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as `the Act') before the Assistant Collector, Ist Grade, Karnal, pleading that the petitioner is in unauthorised possess ion of land belonging to the Gram Panchayat and should, therefore, be ejected. In response, the petitioner pleaded that as he was a tenant of the Gram Panchayat, as evidenced by the relevant jamabandis, he could not be treated to be an unauthorised occupant. The Assistant Collector, Ist Grade, Karnal, CWP No.3601 of 1985 2 vide order dated 29.8.1984 held that the petitioner had taken the land in dispute on lease for the year 1982-83. Thereafter, despite the expiry of the lease period, the petitioner did not vacate the land and was, therefore, in unauthorised occupation. Consequently, his ejectment from the land in dispute was ordered. Aggrieved by the said order, the petitioner filed an appeal. The Collector, Karnal, affirmed the finding returned by the Assistant Collector and dismissed the appeal. Counsel for the petitioner submits that the Jamabandis for the years 1973-74, 78-79, 83-84, reflect the petitioner as Gair Marusi tenant on payment of lagan of Rs.125 per acre per annum. It is submitted that Jamabandis clearly establish the falsity of the alleged pattanama Ex.A-4, which reflects a lease period of one year. The Jamabandis were not taken into consideration by the authorities below and, therefore, the finding that the petitioner is an unauthorised occupant, is factually and as a consequence, legally incorrect. Counsel for the respondents, however, submits that pursuant to the Pattanama Ex.A-4, the Gram Panchayat leased out the land in dispute to the petitioner for one year. The lease was not extended any further, but upon its expiry the petitioner did not vacate the land. It is submitted that as the petitioner is an unauthorised occupant, the Assistant Collector as also the Collector, Karnal, rightly directed and affirmed his eviction respectively. I have heard learned counsel for the parties and perused the impugned orders. Reliance by the petitioner upon the Jamabandis for the years 1973-74, 78-79 and 83-84 to press his status as a tenant, is misplaced. The Gram Panchayat executed a Pattanama Ex.A-4 in favour of the petitioner CWP No.3601 of 1985 3 leasing out the land in dispute for the year 1982-83. Upon its expiry, the period of lease was not extended, but the petitioner continued to remain in possession. The Pattanama Ex.P-4, correctness whereof has not been impugned by the petitioner, rebuts the presumption of correctness attached to entries in the Jamabandis, reflecting the petitioner as a tenant, prior to the year 1982-83. Even otherwise, the petitioner has failed to refer to any lease deed/pattanama executed by the Gram Panchayat after the year 1982- 83 that would confer the status of a lessee/tenant upon him. There is no evidence on record to support the petitioner's assertion of a subsisting tenancy. The petitioner is an unauthorised occupant and was, therefore, rightly ejected by the authorities below. As concurrent findings of fact recorded by the authorities below do not suffer from any error of fact or of jurisdiction, the writ petition is dismissed with no order as to costs. 20.8.2008 (RAJIVE BHALLA) GS JUDGE