CIVIL WRIT PETITION NO. 5438 OF 1987 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION : October 29, 2010. Parties Name Paramjit Singh and another ...PETITIONERS VERSUS State of Punjab and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. K.S. Sidhu, Adv., for Mr. H.S. Mann, Advocate, for the petitioners. Mr. Prem Nath Aggarwal, Advocate, for respondent No. 4 JASBIR SINGH, J. ORDER: By filing this writ petition, the petitioners have laid challenge to the order dated April 29, 1987 (P-1), accepting appeal filed by the Gram Panchayat. Counsel for the parties heard. It is apparent from the record that the dispute is with regard to the land falling in Khasra No. 32 measuring 4 Kanals 19 Marlas. The respondent – Gram Panchayat was seeking ejectment of the petitioner and others from the above said land. Admittedly, as per revenue record, the land in dispute was shown to have been reserved for common purposes and its nature was shown as Gair Mumkin Chhappar (pond). By taking note of the same, appeal was accepted and the Collector was directed to take suitable action against the petitioners for their ejectment from the land, mentioned CIVIL WRIT PETITION NO. 5438 OF 1987 -2- above. At the time of arguments, Shri Aggarwal, has shown to the Court a copy of an application dated March 11, 1987, vide which it was brought to the notice of the appellate authority that out of the above said land, 16 Marlas of land stood allotted to the petitioners under orders dated August 2, 1984. , passed by the Additional Director, Consolidation of Holdings, Punjab, Jalandhar. Vide that order, equivalent area was withdrawn from the petitioners and put in the ownership of Jumla Mushtarka Malkaan. Perusal of the impugned order indicates that the order dated August 2, 1984, was not noticed by the appellate authority when accepting the appeal filed by the respondent – Gram Panchayat. No reply has been filed to this writ petition. At the time of arguments, counsel for the Gram Panchayat has failed to show as to why the relief should not be given to the petitioners in terms of the order, passed by the Additional Director dated August 2, 1984. In view of facts, mentioned above, this writ petition is partly allowed and petitioner is held owner of land measuring 16 Marlas falling in Khasra No. 32, which, as per averments of his counsel, he is using as a passage to his plot. It is further made clear that the respondent- Gram Panchayat shall be entitled to possess land measuring 16 Marlas, regarding which mutation has been sanctioned in terms of the order dated August 2, 1984. It is made clear that if the petitioner fails to vacate the land allotted to the Gram Panchayat/ Jumla Mushtarka Malkaan vide order dated August 2, 1984, he shall suffer his ejectment from the land falling in Khasra No. 32. October 29, 2010. ( Jasbir Singh ) DKC Judge