C.W.P. No.6842 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.6842 of 1992 Date of Decision : 11.05.2011 Shadi Ram and another …Petitioners Versus State of Punjab and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Jatinder J.C. Nagpal, Advocate for the petitioners. Mr. S.S. Chandumajra, D.A.G., Punjab for respondents No.1 to 3. Ms. Gurpinder Kaur Hundal, Advocate for respondent No.4. *** AJAY TEWARI, J. (ORAL) By this petition the petitioners have challenged the order dated 19.08.1987 (Annexure P-5) and the order dated 02.12.1991 (Annexure P-6) evicting the petitioners from the land measuring 604- 7/18 Sq. yards of land. The undisputed facts are that the petitioners had taken 200 Sq. yards of land on lease from the Panchayat for setting up a C.W.P. No.6842 of 1992 -2- flour mill and air pressure pump. Since as per the Panchayat he did not set up the air pressure pump a petition for eviction of the petitioners was filed. However, in that petition another area of 404- 7/18 Sq. yards was also included on the ground that the petitioners had encroached upon the said area subsequently. Both the Courts below having decided against the petitioners the present petition has been filed. Learned counsel for the petitioners has argued that there is no evidence on record to prove that any of the land was either Shamlat Deh or belonged to the Panchayat and, therefore, the impugned orders are liable to be set aside. Learned counsel for the respondent No.-4 Gram Panchayat has however argued that once the petitioners had taken the land on lease they cannot be permitted to deny the title of their landlord before this Court in extraordinary jurisdiction and has prayed for dismissal of the present writ petition. In my considered opinion, arguments of both the learned counsel are partly correct. As regards the land which the petitioners had admittedly taken on lease, this Court will not allow them now to challenge the title of their landlord. Thus, as regards the land measuring 200 Sq. yards which was taken by the petitioners on lease this petition is dismissed. However, as regards the remaining 404- 7/18 Sq. yards it cannot be disputed that there is no proof on the record that the land was owned by the Panchayat or under its C.W.P. No.6842 of 1992 -3- Management. In the circumstances, the eviction orders for those 404-7/18 Sq. yards of land against the petitioners deserve to be set aside. Consequently, this writ petition is disposed of in the above terms. ( AJAY TEWARI ) May 11, 2011 JUDGE ashish