CWP No. 6455 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 6455 of 1992 Date of Decision: May 06, 2011 Udhe Singh ...... Petitioner Versus Gram Panchayat and others ..... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. Jatinder Singla, Advocate for the petitioner. Mr. Gazi Mohammad, DAG, Punjab. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. Ms.Malkiat Mann, Advocate, who had appeared for respondent No.1 has informed that the brief of this case had been taken away by their client. None has appeared on behalf of respondent No.1. Proceed against ex parte. This petition arises from an order of eviction under Section 7 of the Punjab Village Common Lands(Regulation)Act, 1961. The undisputed facts are that the land in dispute measuring 10 kanals 15 marlas was recorded as Mushtarka Malkan Hasab Rasad Raqba Khewat in the name of the owner and was recorded as Maqbooja Malkan in the name of the cultivator in the year 1959-60. Thereafter the land was mutated in favour of the Gram Panchayat at the back of the proprietors. As per learned counsel CWP No. 6455 of 1992 2 the very intent of Shamilat deh is missing since the land was never reserved for common purposes. He has relied upon Cjhajju Ram v. The Joint Director, Panchayats and others, reported as 1986 PLJ 293 wherein this Court held that the onus was on the Gram Panchayat to prove that on the appointed date it was the owner of the land and that in the present case this was not done. Further relied upon Mohinder Singh v. The Commissioner, Ferozepur Division, Ferozepur reported as 1992 PLJ 711 to urge that as per that judgment a letter by the Government could not have formed the basis for making the change in the revenue record. In this view of the matter it has to be held that the impugned orders are illegal. Consequently this petition is allowed and the impugned orders are set aside. (AJAY TEWARI) JUDGE May 06, 2011 sunita