C.W.P. No. 4989 of 1985 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 4989 of 1985 Date of Decision: May 5, 2010 Illmudin and others ...................................................... Petitioners Versus Sadhu Ram and others .......................................... Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Present: None. ... ASHUTOSH MOHUNTA, J. (Oral) The petitioners prayed for quashing the impugned orders (Annexures P1 to P3) vide which it has been held that the Gram Panchayat is the owner of the land in dispute. Briefly the facts of the case are that respondent No.1-Sadhu Ram filed an application in the Court of Assistant Collector Ist Grade, Naraingarh, Distt. Ambala, seeking a declaration that the land in question measuring 1304 Kanala 17 Marlas vested in the Gram Panchayat Kansli and that the present petitioners be restrained from getting it partitioned. Both the parties led their evidence and the Assistant Collector vide order Annexure P1 held that the suit land vests in the Gram Panchayat and, accordingly, issue No.1 which was as to Whether the suit land is in the ownership of Gram Panchayat was decided in favour of the respondents. It was, therefore, C.W.P. No. 4989 of 1985 [ 2 ] ordered that the mutation of the disputed land be entered in the name of the Gram Panchayat. The petitioners filed an appeal against the order Annexure P1 which was dismissed by the Collector, Ambala, vide order dated 15.11.1983 and the findings of the Assistant Collector Ist Grade, Naraingarh, Distt. Ambala, were affirmed. The petitioners thereafter filed a revision before the Commissioner, Ambala Division, who vide order (Annexure P-3) dated 19.3.1985 dismissed the revision. A perusal of the impugned orders (Annexures P1 to P3) shows that the land in dispute has always been recorded as `Shamlat land' and the petitioners have not been able to show any thing which would make the land fall in any of the exceptions of Section 2(g)(v) of the Punjab Village Common Lands (Regulations) Act, 1961. Apart from the above, a perusal of Jamabandi A2 for the year 1964-65, Jamabandi Ex. D1 for the year 1962-63 and Jamabandi Ex.A1 for the year 1947-48 shows that in the ownership column the entry is `Gram Panchayat and Shamlat Deh'. In the column of cultivators “Maqbooza Malakaan”. Thus, this land comes under Section 2(g) of Sections 3 to 5 and right from the year 1947 the ownership of the Gram Panchayat stands proved. I find no infirmity or impropriety in the impugned orders and therefore the same are maintained. In view of the above, I find no merit in this writ petition and the same is dismissed. 5.5.2010 ( ASHUTOSH MOHUNTA ) Rupi JUDGE