IMPORTANT POINT
The court established that the Gram Panchayat has the right to claim ownership of land classified as 'Shamilat Deh' under the Punjab Village Common Lands Act, and private claims must be substantiated with evidence.

JUDGMENT :

LALIT BATRA, J.

This petition under Articles 226/227 of the Constitution of India has been filed by petitioner-Gram Panchayat, Amargarh @ Panjoli (hereinafter to be referred as 'petitioner'), seeking quashing of order dated 06.04.1995 (Annexure P-2), passed by Joint Development Commissioner (IRD), Punjab (Exercising the Powers of Commissioner), (hereinafter to be referred as 'Commissioner'), vide which Appeal No.83 of 1991 under Section 11(2) of Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred as 'Act, 1961'), and Appeal No.110 of 1991 under Section 7(2) of Act, 1961, filed by appellants-Karam Singh and others (respondents No.3 to 7 herein), against order dated 13.02.1991 passed by Collector/Divisional Deputy Director, Rural Development and Panchayat, Patiala (hereinafter to be referred as 'Collector'), on application under Section 11 of Act, 1961 and application under Section 7 of Act, 1961, were accepted thereby holding that land comprised in Khewat/Khatauni No.48/79, Khasra No.7//13/2(0-1), 18//2(0-8), 13//7(8-0), 14(8-0), 17/2 (4-9), 24(1-2) and Khewat/Khatauni No.32/48, Khasra No.13//17/1(3-6), situate in village Amargarh @ Panjoli, does not vest in Gram Panchayat.

2. Petitioner's case in brief is that petitioner filed an application under Section 7 of Act, 1961 against respondents No.3 to 7 seeking their ejectment from land in dispute and also filed an application under Section 11 of Act, 1961, against the said respondents. Both the above said petitions were accepted by Collector, vide order dated 14.11.1985. Respondents No.3 to 7 filed appeals before Commissioner, who vide order dated 20.05.1988, remanded the case to Collector, Patiala, to decide the same afresh after affording opportunity to both the parties. Thus, after hearing both the parties at length, Collector accepted both petitions filed under Sections 7 and 11 of Act, 1961, and declared petitioner as owner of the land in dispute under Section 11 of Act, 1961, and further passed the order of ejectment against respondents No.3 to 7, vide conjoint order dated 13.02.1991 (Annexure P-1). Aggrieved against the said orders, respondents No.3 to 7 preferred appeals before Commissioner, which were allowed, vide order dated 06.04.1995 (Annexure P-2) holding therein that land in dispute does not vest in Gram Panchayat. Petitioner has challenged the above said order inter alia on the grounds that according to revenue record, petitioner is owner of land in dispute and the possession of respondents No.3 to 7 qua said land is unauthorized; respondents No.3 to 7 have failed to establish their possession qua said land prior to 26.01.1950; land in question was Banjar Qadim as on 09.01.1954 and the said land vests in petitioner and it was used for common purposes of the village. Petitioner is competent to file petition under Section 11 of Act, 1961. In view of above, impugned order dated 06.04.1995 (Annexure P-2) rendered by Commissioner, is liable to be set aside.

3. In their written statement, respondents No.3 to 7 have contended that petition under Section 11 of Act, 1961, was not maintainable as petitioner had no authority in the year 1985 to file petition under Section 11 of Act, 1961. Further, petition under Section 7 of Act, 1961, filed by petitioner was hit by the principle of res judicata because earlier petition under Section 7 of Act, 1961, moved by petitioner against Basawa Singh son of Bakhtawar Singh, predecessor-in-interest of respondents No.3 to 7, in respect of land measuring 22 Kanals of land in dispute, was dismissed, vide order dated 29.03.1968 passed by Assistant Collector Ist Grade, Bassi at Patiala. It is further contended that land in dispute and other land measuring 343 Bighas – 3 Biswas is recorded as Banjar Qadim and 76 Bighas – 3 Biswas, is recorded as Gair Mumkin and as per Jamabandi for the year 2001-2002 Bikrami (1944-1945) (Annexure R-1), above said land is recorded under the ownership of Shamilat Deh Hasab Hiss