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2012 Supreme(P&H) 1570

RAJIVE BHALLA, REKHA MITTAL
Hardev Singh – Appellant
Versus
Financial Commissioner (Appeals-I), Punjab, Chandigarh – Respondent


Advocates:
For the Appellant:Mr. G.L. Bajaj, Advocate.
For the Respondent Nos.1 to 3:Mr. Rajinder Goyal, Addl. Advocate General, Punjab.
For the Respondent No.4:Mr. L.S. Sidhu, Advocate.

JUDGMENT

Mr. Rajive Bhalla, J. (Oral) - The appellant prays that order dated 20.04.2011, dismissing his writ petition and order dated 06.08.2008 passed by the District Collector, Mansa, removing him from the post of Lambardar, may be set aside.

2. Counsel for the appellant submits that as there is no evidence on record that the appellant is in unauthorized occupation of any portion of Gram Panchayat property, the order removing him from the post of Lambardar, is illegal. It is further submitted that the report submitted by the Sub-Divisional Magistrate, Mansa, does not refer to any khasra number or particulars of the land said to be in unauthorized occupation of the appellant. It is, however, submitted that the appellant has constructed a house on land recorded as ‘Jumla Mushtarka Malkan’, which vests in proprietors and, therefore, cannot be said to be in unauthorized occupation of the appellant.

3. Counsel for respondent No.4, on the other hand, submits that the appellant has himself admitted in a civil suit that the land is ‘Jumla Mushtarka Malkan’ and is in his possession. Findings recorded by the Revenue Officer as well as by the learned Single Judge, against the appellant, are






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