C.M. No.1608 of 2010 and -1- LPA No.567 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No.1608 of 2010 and LPA No.567 of 2010 (O&M) Date of decision: 30.4.2010 Bhim Singh ............Appellant Versus Commissioner and others .........Respondents CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. R.S. Malik, Advocate for the appellant. ALOK SINGH, J. C.M. No.1608 of 2010 For the reasons mentioned, application is allowed and delay of 30 days in filing the captioned appeal is condoned. LPA No.567 of 2010 (O&M) 1. Present appeal is filed impugning the order dated 12.3.2010 thereby dismissing the writ petition bearing CWP No.4375 of 2010 passed by learned Single Judge, challenging the orders dated 8.6.2009, 18.8.2009 and 25.2.2010 passed in the proceedings under Section 7 of Punjab Village Common Lands Act, 1961, for the eviction of the writ petitioner/appellant from the land belonging to the Gram Panchayat. C.M. No.1608 of 2010 and -2- LPA No.567 of 2010 (O&M) 2. Brief facts of the present case are that an application under Section 7 of the Punjab Village Common Lands Act, 1961 was filed against the petitioner (herein appellant) by the Gram Panchayat, Dubaldhan (Kirman), Tehsil Beri, District Jhajjar; Petitioner submitted his reply before the learned Assistant Collector and learned Assistant Collector vide judgment dated 8.6.2009 allowed the application of the Gram Panchayat and directed the eviction of the land belonging to the Gram Panchayat; Learned Assistant Collector in the impugned order dated 8.6.2009 has observed that no question of title is involved and land belongs to the Gram Panchayat being open Chowk; Order of the learned Assistant Collector was challenged before the learned Collector and learned Collector also vide judgment dated judgment dated 18.8.2009, dismissed the appeal filed by the petitioner/appellant having observed that since land belongs to Gram Panchayat, hence, petitioner can not acquire title on the land belonging to Gram Panchayat left for use by the general public; Order of the learned Collector was challenged before the learned Commissioner; Learned Commissioner vide order dated 25.02.2010 dismissed the appeal filed by the petitioner/appellant and concurred with the findings recorded by the learned Assistant Collector and learned Collector; Learned Single Judge, in a writ petition filed, challenging all the three orders, found that no question of title, much less as asserted by the petitioner/appellant, arises for adjudication; A chowk is placed where roads, intersects is used by the public at large and, therefore, vests in the Gram Panchayat. 3. We have heard learned Counsel for the appellant and C.M. No.1608 of 2010 and -3- LPA No.567 of 2010 (O&M) perused the record. 4. In our opinion, all the three Courts below as well as learned Single Judge have rightly observed that land belongs to Gram Panchayat and writ petitioner/appellant can not acquire any title over the street or Chowk. We find no illegality in the orders passed by all the three Courts below and in the judgment of learned Single Judge. 5. The appeal is devoid of merit, hence, is dismissed. (ALOK SINGH) JUDGE (ADARSH KUMAR GOEL) 30th April, 2010 JUDGE ashish