The court affirmed that the Gram Panchayat's claim to ownership over the disputed khasra number was valid, emphasizing the binding nature of the Director's order correcting clerical errors.

JUDGMENT

Mr. Sureshwar Thakur, J. (Oral)

The disputed khasra number is carried in khasra No. 31//1(8-0). The said khasra number is entered in the records of rights in the ownership of the Gram Panchayat concerned. However, the present petitioners claim, that they are the title holders over the said khasra number. The said claim became rested, upon an order Annexure P-4, rendered by the Director, Land Records, wherebys the mistake in respect of the apposite musteel number hence resulting in the same thus being erroneously entered in favour of the Gram Panchayat concerned, rather was ordered to be corrected. The Gram panchayat concerned, became aggrieved from Annexure P-4, and, thereby for annulling the said annexure, it proceeded to institute a declaratory suit, cast under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961'), thus before the Collector concerned. Through a decision made on the said suit, on 17.5.2016 (Annexure P-7), the Collector concerned, after upholding Annexure P-4, proceeded to decline the declaratory relief, as became claimed by the Gram Panchayat concerned, vis-a-vis, the disputed khasra No. 31//1(8-0). Resultantly, the Gram Panchayat concerned, filed an appeal against Annexure P-7, before the Joint Development Commissioner (exercising the powers of the Appellate Authority under the Act of 1961). On the relevant statutory appeal bearing No. 104 of 2016, the appellate authority concerned, through Annexure P-8, after reversing Annexure P-7, proceeded to accord the declaratory relief to the Gram Panchayat concerned. The making of Annexure P-8 brings grievance to the successors-in-interest of one Ujagar Singh and thereby they are led to challenge it, through theirs instituting the instant writ petition before this Court.

2. The reason, as became assigned by the appellate authority concerned, for reversing, and, upsetting Annexure P-7, is embodied in the hereinafter assigned premise.

"x x x x

The petitioner on issue no.3 as to whether the petitioner has suppressed the relevant facts from the Lower Court is also decided in favour of the appellant. On perusal of the facts on the file of Lower Court and this Court it is found that the petition filed by Gram Panchayat under Section 11 of Punjab Village Common Land (Regulation) Act 1961 in para no.7, the Director Land Records Punjab who has decided on 30.07.2014 find mention. Besides this, the Eviction Petition filed by Gram Panchayat against the respondents regarding the land in dispute was accepted on 03.03.2982 and the appeal against that order filed by respondents were dismissed on 01.06.1984. The writ Petition No. 3381 of 1984 filed by respondent was accepted on 26.04.2010 and case was remanded to the Collector for re-decision. After that vide order dated 18.08.2010 (Ex.R13), District Development & Panchayat Officer Exercising the powers of Collector, Sangrur had decided in favour of Gram Panchayat and eviction order was passed against the respondents. The respondents have not challenged those orders till today. This order dated 18.08.2010 which was passed against the respondents, it was in their knowledge. From the above facts, it is proved that the order dated 18.08.2010 was within the knowledge of respondents and regarding order dated 30.07.2014 the appellant has mentioned in para no.7 of his petition and this is not proved that the appellant has suppressed any fact from this Court. Therefore, issue no.3 is decided in favour of Gram Panchayat appellant.

x x x x"

3. Resultantly, the appellate authority concerned, on the ground of suppression of the materials (supra) from the Collector concerned, who exercised jurisdiction on a petition filed under Section 11 of the Act of 1961 but at the instance of the Gram Panchayat concerned, thus ultimately concluded that the effect of the said suppression, is that, thereby the Gram Panchayat concerned, was able to successfully prove its claim for a declaratory title rather becomi