Judgment

Mr. Kuldeep Tiwari, J.

The petitioner through the instant petition seeks quashing of the order dated 20.8.2018 (Annexure P-10) passed by the learned Commissioner, Rohtak Division, Rohtak and order dated 27.5.2014 (Annexure P-9) passed by the learned Collector-cum-Deputy Commissioner, Jhajjar, and, order dated 8.10.2013 (Annexure P-7) passed by the learned Asst. Collector 1" Grade, Jhajjar, vide which the application filed by the Gram Panchayat, Chhabili through its Sarpanch, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as ‘the Act of 1961) was allowed and the appeal as well as the revision petition preferred by the petitioner were dismissed.

2. Learned counsel for the petitioner argued that the petitioner has challenged the impugned order dated 8.10.2013 which is premised on the ground, that on 10.11.1994, a resolution was passed in the presence of Sarpanch of the Gram Panchayat, namely, Harphool Singh, and, in pursuance thereto, some part of the land owned and possessed by the petitioner, was exchanged with the land of the Gram Panchayat, which initially was to be used for easy access to Panghat and Johad. He further submitted that the land which was equivalent to the land of the petitioner was given in exchange to the Gram Panchayat vide exchange deed dated 10.11.1994 (Annexure P-4). Therefore, the Gram Panchayat, who infact utilized the land which they got in exchange from the petitioner, whereas now cannot turn around back and seek eviction of the present petitioner on the ground that such exchange deed was never approved by the competent authority concerned. In support of his arguments, he has placed reliance upon the judgments passed by this Court in Mishra Singh and another Vs. State of Punjab, CWP-7355-2007 , decided on 29.8.2016 and Maghar Singh Vs. The Joint Development Commissioner, Punjab , 2004(1) RCR (Civil) 127. It was further submitted that the Sarpanch of the Gram Panchayat concerned, has also admitted the exchange deed dated 10.11.1994.

3. The respondent No.4 (Gram Panchayat) filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961(hereinafter referred to as ‘the Act of 1961’) for the eviction of four persons including the present petitioner. The petition was filed after khasra no.21/12 was demarcated by the Halqa Kanungo Sh. Om Parkash. The demarcation was conducted after earmarking the pucca points and as per the demarcation report, the Gram Panchayat concerned, was found to be in illegal possession on khasra No.21/12, whereas the land on the said khasra number belongs to the petitioner and other respondents therein. The relevant extract reads as under:-

“That over Khasra No.21/12, Bhim-respondent No.2 therein is in unauthorised possession by installing Khors and Khunte, which is shown as Mark EFGH.

That on Khasra No.21/12, Chatru-respondent No.3 therein is in unauthorised possession by constructing Chabutra, which is shown in the site plan as mark CDKL.

That on Khasra No. 21/12, respondent No. 4-Gram Panchayat is in unauthorised possession by constructing his house, which is shown as mark ABEF.

That the respondent No.4-Gram Panchayat has asked the respondents therein several times to remove their unauthorised possession and not to raise construction. The respondents No. 1, 2, 3 and 4 have been impleaded as party since they had connived with each other.”

4. Learned counsel for the petitioner while relying on the panchayat proceedings book dated 10.11.1994 contended that the p