IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.973 of 2011(O&M) Date of decision: 07.07.2011 Karnail Singh …..Appellant versus Director, Rural Development and Panchayat Department and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.N.P.S.Mann, Advocate for the appellant Jasbir Singh, J. (Oral) This appeal has been filed against an order dated 13.5.2011, passed by the learned Single Judge, dismissing CWP No.8499 of 2011, filed by the appellant. It is case of the appellant that through his predecessors-in- interest, he is in possession of the land, in dispute, prior to 26.1.1950. As per facts on record, the appellant filed an application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short, the Act) before the Collector to get the question of title decided with regard to land bearing khasra No.554(6-14) by stating that he is in possession prior to January 1950. That application was dismissed on 3.5.2010. During pendency of that application, the Gram Panchayat also initiated eviction proceedings against the appellant by moving an application under Section 7 of the Act. That application was allowed in LPA No.973 of 2011(O&M) favour of the Gram Panchayat on 11.6.2010. The appellant filed two appeals against the orders, mentioned above, which were dismissed vide order dated 10.12.2010. By filing CWP No.8499 of 2011, the appellant assailed the order of ejectment passed against him by the Collector and the appellant authority. It was his specific plea that unless and until question of title is decided, eviction of the appellant from the land in dispute cannot be ordered. The learned Single Judge, after taking note of a fact that the appeal, regarding question of title, had already been decided, dismissed the writ petition by observing as under:- “Admittedly, the title suit filed by the petitioner under Section 11 of the Act has already been dismissed by the competent Authority on 3.5.2010 and appeal against the same also stands dismissed on 10.12.2010. Till date those proceedings have not been challenged by the petitioner. In view of the aforesaid orders passed by the competent Authority, it cannot be argued that the question of title between the parties is still pending. Once a finding has been recorded in the title suit rejecting the claim of the petitioner, the impugned orders cannot be found faulted with.” Before us, counsel for the appellant states that the order by the Commissioner/ appellate authority in appeal filed by him regarding question of title has not yet been written. We asked Mr.Manohar Lall, Addl.A.G. Punjab to produce record of the case. Record has been produced in Court today. We have seen the file and also perused an order, dismissing the appeal filed by the appellant was passed on 10.12.2010. On our asking photocopy of the order passed on 10.12.2010 regarding question of title has been supplied to the counsel for the appellant. From reading of the case file, 2 LPA No.973 of 2011(O&M) it comes out that the appellant moved an application to get copy of that order, copy was ready, however, it appears that the same was not collected deliberately so that plea of pendency of proceedings regarding question of title can be taken and eviction of the appellant can be saved for some more time. Otherwise also, we have gone through the record and there is nothing on record to show that the appellant’s possession on the land in dispute was before 26.1.1950. No evidence has been shown in that regard. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 07.07.2011 (Augustine George Masih) gk Judge 3