Civil Writ Petition No. 1750 of 1985 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 1750 of 1985 Date of Order: 08.09.2010 Kartar Kaur (deceased) represented through her legal representatives. ....Petitioner Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. M.S.Bedi,Advocate for the petitioner Mr. C.S.Brar, DAG, Punjab for respondents no.1 and 2 Mr. M.S.Bedi, Senior Advocate with Mr. Amit Bakshi, Advocate for respondent no.3. RAJIVE BHALLA, J (Oral). The petitioner Kartar Kaur, since deceased, represented by her "so called" legal representatives Dalip Singh son of Mangal Singh and Bachan Kaur daughter of Mangal Singh, prays for issuance of a writ in the nature of certiorari for quashing the orders dated 09.08.1982 and 03.01.1984, passed by the Collector, Gurdaspur and the Joint Director, Panchayats, Punjab. Counsel for the petitioner submits that Bawa Singh was and after him Kartar Kaur, is in possession of the land in dispute. The order of ejectment has been passed against Baldev Singh, Kanwaljit Singh sons of Dalip Singh and Dalip Singh son of Mangal Singh Civil Writ Petition No. 1750 of 1985 -2- without impleading Bawa Singh. The impugned orders should, therefore, be set aside. Counsel for the Gram Panchayat submits that the Gram Panchayat has taken possession in execution of the impugned orders and as neither Bawa Singh nor Kartar Kaur were in possession, the writ petition should be dismissed. I have heard counsel for the parties and perused the impugned orders. The land in dispute is admittedly recorded as the ownership of the Gram Panchayat. The assertion that as the land is “Jumla Mushtarka Malkan” it does not vest in the Gram Panchayat is irrelevant as even if it were so, the management and control of land described as “Jumla Mushtarka Malkan” vests in the Gram Panchayat. The plea about the existence of a school or Gurudwara remains unsubstantiated for want of any reliable evidence. The entries in the revenue record appear to have been manipulated with the object of appropriating Panchayat property. There is strange aspect of the case that requires reference. The ejectment order was passed against Baldev Singh, Kanwaljit Singh sons of Dalip Singh and Dalip Singh son of Mangal Singh. Neither Kartar Kaur nor Bawa Singh, her husband (both deceased) are parties to this order. Bawa Singh, however, filed an appeal before the Joint Director Panchayats, Punjab. The appeal was dismissed on the ground that as the ejectment order has not been passed against Bawa Singh, the appeal is not maintainable. After Bawa Singh passed away, Kartar Kaur, filed the present petition claiming to be in possession of the land. During pendency of this petition, Kartar Kaur Civil Writ Petition No. 1750 of 1985 -3- passed away. Dalip Singh amd Bachan Kaur, son and daughter of Mangal Singh filed an application for being impleaded as legal representatives of Kartar Kaur. The application was allowed on 12.07.1989, subject to all just exceptions. Dalip Singh and Bachan Kaur have neither pleaded nor prima facie established, their relationship, with Kartar Kaur or Bawa Singh or that the rights, if any, that Bawa Singh and Kartar Kaur may have held in the land in dispute, have devolved upon them. Interestingly Dalip Singh, has filed a reply, as respondent no.6, stating that he is not in a possession of the land in dispute. The Gram Panchayat has already taken possession of the land in dispute. In view of the above facts, the writ petition is dismissed. September 08, 2010 (RAJIVE BHALLA) nt JUDGE