CWP No.3381 of 1984 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3381 of 1984 DATE OF DECISION: April 26, 2010 UJAGGAR SINGH ...PETITIONER VERSUS THE GRAM PANCHAYAT OF VILLAGE GUJJRAN ...RESPONDENT AND OTHERS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MR. AMARJIT MARKAN, ADVOCATE FOR THE PETITIONER. NONE FOR THE RESPONDENT NO.1. MR. KIRAT SINGH SIDHU, DAG, PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has prayed for quashing the order (Annexure P-7) dated 3.3.1982, passed by the District Development & Panchayat Officer, Sangrur (for short 'DDPO, Sangrur) and the order (Annexure P-9) dated 1.6.1984, passed by the Joint Director, Panchayats, Punjab vide which it has been held that Gram Panchayat is the owner in possession of the land in dispute and that the petitioner is in illegal possession of the land. Briefly the facts of the case are that Gram Panchayat, Gujjran has filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, wherein it was averred that Ujaggar Singh (present petitioner) is in illegal possession of the Gram Panchayat land comprised in Khasra No.16//21/8-0, 22/7-11, 23/7-11, 17//25/2/7-0, 30//5/2/7-0, 6/1-2/7-0, 15/2/7-0, 31//1/8-0, measuring 59 Kanals 2 Marlas. This application filed by the Gram Panchayat was dismissed for non- CWP No.3381 of 1984 -2- prosecution as no one appeared on behalf of the Gram Panchayat. Thereafter, the Gram Panchayat through Social Education and Panchayat Officer filed application for restoration of the application. Notice was issued to Ujaggar Singh (petitioner), however, he refused to receive the same. The Court restored the application. Thereafter the DDPO, Sangrur vide order Annexure P-7 allowed the application filed by the Gram Panchayat and held that Gram Panchayat, Gujjran is the owner of the aforementioned land and that Ujaggar Singh is in illegal possession. It was further ordered that possession of the land in dispute be handed over to the Gram Panchayat and that Ujaggar Singh be dispossessed immediately from the land. Against the aforementioned order dated 3.3.1982, Ujaggar Singh filed appeal (Annexure P-8) which has been decided vide order Annexure P-9, by the Joint Director, Panchayats, Punjab whereby, the appeal was dismissed and the order (Annexure P-7) holding Ujaggar Singh to be in illegal possession of the land in dispute was upheld. The finding by the DDPO, Sangrur, that Gram Panchayat, Gujjran is the owner of the suit land was also upheld. It is against these orders that the present writ petition has been filed. Counsel for the petitioner has placed reliance on Annexure P-12, which is a copy of Jamabandi for the years 1962-63 of village Gujjaran, Tehsil Sunam, District Sangrur, according to which the petitioner Ujaggar Singh has been shown to be the owner in possession of Khasra Nos.16/21, 17/25 30/5, 31/1, measuring total 32 kanals, whereas the remaining land measuring 50 kanals 18 marlas was shown to be Jumla CWP No.3381 of 1984 -3- Malkan Wa Digar Haqdaran Arazi Hasab Rasad Raqba Khewat. Counsel for the petitioner has also placed reliance on Annexure P-1 which is a copy of Khatoni Paimayash of village Gujjran, wherein the petitioner has been shown to be the owner in cultivating possession of the suit land. Learned counsel submits that the aforementioned facts have not been taken into consideration by the DDPO, Sangrur as well as the Joint Director, Panchayats, Punjab (exercising the powers of Commissioner) and that irreparable loss would be caused to the petitioner in case he is dispossessed from the suit land. Counsel has prayed that the matter needs to be remanded to the DDPO, Sangrur (exercising the powers of Collector) to determine the status of the petitioner as to whether he is in illegal occupation of the suit land or whether he is the owner of the suit land. I have perused the orders (Annexures P-7 and P-9) carefully and find that both the DDPO, Panchayats as well the Joint Director, Panchayats, Punjab have not taken into consideration the copy of the Jamabandi for the years 1962-63 of village Gujjran annexed as Annexure P-12 and copy of the Khatoni Paimayash (Annexure P-1) while holding that the petitioner is in illegal possession of the suit land. It was incumbent for the Departmental authorities to take this vital piece of evidence into consideration before holding that Gram Panchayat, Gujjran is the owner of the suit land and that the petitioner is in illegal possession. In view of the above, I allow the writ petition, set aside the orders (Annexure P-7) dated 3.3.1982, passed by the District Development & Panchayat Officer, Sangrur (exercising the powers of Collector) and the order (Annexure P-9) dated 1.6.1984, passed by the Joint Director, Panchayats, Sangrur(exercising the powers of Commissioner) and remand CWP No.3381 of 1984 -4- the case back to the DDPO, Sangrur to decide the matter afresh in accordance with law after affording opportunity of hearing to the petitioner as well the respondents. The parties shall appear before the DDPO, Sangrur on 20.5.2010, at 11.00 a.m. As the case is already very old, therefore, the DDPO, Sangrur is directed to decide the matter expeditiously, preferably, within three months from the first date of hearing. Copy of the order be given dasti. April 26, 2010 (ASHUTOSH MOHUNTA) Gulati JUDGE