CWP No.13705 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.13705 of 2010 Date of Decision: 4.8.2010 Manjit Singh .....Petitioner Vs. Gram Panchayat of Village Sehzadpur and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Dinesh Kumar, Advocate for the petitioner. .... RAJIVE BHALLA, J The petitioner prays for issuance of a writ in the nature of Certiorari for quashing the order dated 17.2.2010, passed by the Director, Rural Development and Panchayat Department, Punjab (exercising the powers of the Commissioner). The Gram Panchayat filed an application under Section 7 (2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as `the Act') for ejectment of the petitioner from the land in dispute, on the ground that it is part of the play ground of the primary school and the Sub Health Centre. The petitioner opposed the prayer by pleading that land is situated within abadi and does not form a part of the boundary of the primary school or the Sub Health Centre. After considering the material on record, the Collector dismissed the petition on the ground that the Gram Panchayat had failed to produce any evidence in CWP No.13705 of 2010 2 support of its pleadings. Aggrieved by this order, the Gram Panchayat filed an appeal. The Director accepted the appeal, set aside the order passed by the Collector and directed the ejectment of the petitioner. Counsel for the petitioner submits that in the absence of any evidence produced by the Gram Panchayat, the Director had no jurisdiction to direct the petitioner's ejectment. It is further submitted that findings recorded by the appellate authority are contrary to the record, as the site plan does not establish that the land in dispute is part of the Sub Health Centre or part of the play ground of the primary school. I have heard counsel for the petitioner and express my inability to accept the arguments addressed by counsel for the petitioner. A perusal of the findings recorded by the Director, exercising the powers of the Commissioner under the Act, leaves no manner of doubt that the petitioner is in occupation of a part of the building belonging to the Sub Health Centre. The petitioner appears to have encroached upon this land, taking advantage of its close proximity to his house. A relevant extract from the order passed by the appellate authority reads as follows :- “ Respondent could not produced any such evidence, from which it can be proved that he is owner of the land in dispute. As per the map on the record, on the Northern side of the land in dispute, is the house of the respondent,on the Southern side is the ground of the primary school, on the Eastern side is the building of new health centre and on the Western side is the building of old health centre. From the map it is clear that illegal CWP No.13705 of 2010 3 possession is on the land A B C D, in between the health centre. In this way as per the position, emerged out, Govt. Buildings are there on the three sides of the land in dispute and respondent is in illegal possession, on the one side, on the area adjoining to his house. Respondent could not produced solid proof, to prove his ownership, on the land in dispute. Land in dispute is within Lal Lakir and Gram Panchayat is owner of the same and the same vests in the Gram Panchayat and the same is being used for the common purposes, which is part of the ground of the primary school.” As findings of fact recorded by the appellate authority do not suffer from any error, the writ petition is dismissed. 4.8.2010 ( RAJIVE BHALLA ) GS JUDGE