C.W.P. No.11055 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.11055 of 1992 Date of Decision : 21.04.2011 Naib Singh and others …Petitioners Versus State of Punjab and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. J.S. Manipur, Advocate for the petitioners. Mr. S.S. Chandumajra, D.A.G., Punjab. Mr. H.S. Gill, Advocate for respondent No.4. *** AJAY TEWARI, J. (ORAL) This petition has been filed challenging the action of the Gram Panchayat, Barsalpur, Block Chamkaur Sahib, District Ropar, auctioning the land which was in possession of the petitioners. Learned counsel for the petitioners has argued that Jamabandi (Annexure P-2) clearly shows the land as Shamilat Deh, Hasab Rasad Jar Khewat Maqbooja Malkan. As per the learned counsel, in the subsequent Jamabandi for the year 1973-74 the land C.W.P. No.11055 of 1992 -2- was again described as Hasab Rasad Jar Khewat Maqbooja Malkan. However, by virtue of the wrong entries in the Jamabandi (Annexure P-3), the Gram Panchayat was illegally trying to auction this land. Learned counsel for the petitioners has relied upon the decision of this Court in the matter of Gram Panchayat, Muradpur v. The State of Punjab and others reported in 1997 (1) PLR 613, wherein the learned Single Judge while relying upon the judgment in the matter of Bhag Singh and others v. The State of Punjab and others passed in L.P.A. No.886 of 1993, held that the land which has been described as Shamilat Deh, Hasab Rasad Jar Khewat Maqbooja Malkan which is in the cultivating possession of the proprietors would not be covered under the definition of ‘Shamilat Deh’ as given in Section 2(g) of the Common Lands Act. Learned counsel for the respondents are not in a position to cite any contrary authority. In the circumstances, it has to be held that the land in dispute having been described as Shamilat Deh, Hasab Rasad Jar Khewat Maqbooja Malkan, cannot be auctioned by the Gram Panchayat. Ordered accordingly. Petition is allowed. ( AJAY C.W.P. No.11055 of 1992 -3- TEWARI ) April 21, 2011 JUDGE ashish