C.W.P. No. 3372 of 1988 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 3372 of 1988 (O&M) Date of Decision: 7.12.2010. Nirmal Singh and others .... Petitioners Versus Joint Director, Panchayats, Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Shri H.S.Dhandi, Advocate for the petitioners. Mrs. Rajni Gupta, Addl. A.G. Punjab, for respondent Nos. 1 and 2. None for respondent No. 3. NAWAB SINGH.J (ORAL) Challenge is to the order dated February 19th, 1988 (Annexure P/7) passed by Joint Director, Panchayats, Punjab, exercising the powers of Commissioner affirming the order dated May 10th, 1982 (Annexure P/6) of Collector – Divisional Deputy Director Rural Development and Panchayats, Patiala, whereby, the petitioners were found to be in illegal possession of the land bearing Khasra Nos. 23, 24 and 25 of rectangle No.23 measuring 24 Kanals situated in village Delon Majra, Tehsil Sirhind, District Patiala, primarily on the ground that the petitioners failed to prove their possession over the land prior to January 26th, 1950. 2. Learned counsel for the petitioners has submitted that as per jamabandi for the year 1944-45 (Annexure A/1), proceedings register of the Panchayat dated June 13th, 1958 (Annexure A/2) and Khatauni Paimaish (Annexure A/3), they were in possession of the land before January 26th, 1950 and as such, the land does not vest in shamlat deh, as per the definition of Section 2 (g)(5)(viii) of the Punjab Village Common Lands (Regulation) Act, 1961. The said evidence was not taken into consideration by the C.W.P. No. 3372 of 1988 2 .. Commissioner as well as the Collector. He has urged that the competent authorities be directed to decide the matter afresh after affording opportunity to the petitioners to lead evidence. 3. A perusal of the impugned orders shows that the orders passed by the courts below was on the basis of jamabandis for the year 1958-59 and 1976-77 only, meaning thereby the documents referred to in para No. 2 above were not taken into consideration. 4. In view of this, order under challenge is set-aside and the matter is remanded to the Joint Director, Panchayats, Punjab to accord opportunities to the petitioners and the Gram Panchayat to lead evidence and thereafter decide the same afresh. (NAWAB SINGH) JUDGE 7.12.2010. som