Adverse possession requires proof of open, continuous, and hostile possession with the necessary animus, which the petitioner failed to establish.

JUDGMENT

Ms. Sudeepti Sharma, J.

The petitioner (since deceased) represented through his LRs in the present writ petition has assailed the order dated 27.01.1995 (Annexure P-8) passed by the Assistant Collector Ist Grade, Pehowa, whereby the application filed by the Gram Panchayat, Sayonsar, under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred to as "the Act of 1961") was disposed of holding the respondent (the petitioner herein) in unauthorised possession since 01.04.1976 and was ordered to be evicted from the land of the Gram Panchayat with immediate effect. Against the said order dated 27.01.1995 (Annexure P-8), the respondent (the petitioner herein) preferred an appeal and the same was dismissed vide order dated 15.03.1995 (Annexure P-9) passed by the Collector, Kurukshetra, and further he filed a revision against the order dated 15.03.1995 and the said revision was also dismissed vide order dated 26.07.1995 (Annexure P-10) passed by the learned Commissioner, Ambala Division.

2. The brief facts of the present case are that Gram Panchayat, Sayonsar, filed an application under Section 7(2) of the Act of 1961 in the Court of Assistant Collector 1st Grade, Pehowa, with the averments that the land in dispute belongs to the Gram Panchayat and the petitioner (in the present writ petition) is in unauthorised possession of the same and he should be evicted and possession be got handed over to the Gram Panchayat. The Assistant Collector concerned summoned the petitioner (in the present writ petition) who came in the Court and filed written statement in defence against the suit, with the averments that he is in long possession of the land and the Gram Panchayat has nothing to do with the same. The Assistant Collector concerned afforded opportunities to lead evidence to both the parties and after hearing both the parties, admitted the adverse possession of the petitioner (in the present writ petition) for the last more than 12 years. Holding the petitioner (in the present writ petition) as owner vide order dated 22.04.1993. Assistant Collector 1st Grade, Pehowa dismissed the ejectment petition of the Gram Panchayat. Feeling aggrieved against the said order dated 22.04.1993, Gram Panchayat, Sayonsar, preferred an appeal in the Court of Collector, Kurukshetra. The Collector, Kurukshetra, after hearing both the parties, set aside the order dated 22.04.1993 passed by the Assistant Collector 1st Grade, Pehowa, vide his order dated 30.08.1993 and held that the possession of the petitioner starts as per the Jamabandies for the year 1976-77 and the case needs reconsideration. The case was remanded back to the Assistant Collector with a direction that the case should be decided afresh after hearing both the parties. On the receipt of the case file, Assistant Collector afforded opportunities to both the parties to lead their evidence. The Assistant Collector after hearing both the parties, vide order dated 27.01.1995 ordered the ejectment of the petitioner (in the present writ petition) from the land of the Gram Panchayat with immediate effect and after admitting the possession of the petitioner (in the present writ petition) to be illegal from 01.04.1976, imposed a penalty of Rs.9,20,000/- @ Rs.10,000/- per hectare. Feeling aggrieved against the order dated 27.01.1995 passed by the Assistant Collector 1st Grade, the petitioner herein filed an appeal in the Court of Collector, Kurukshetra. The Collector, Kurukshetra, after hearing both the parties, dismissed the appeal of the petitioner vide his order dated 15.03.1995 and reduced the rate of penalty from Rs.10,000/- per hectare to Rs.7500/- per hectare and held that as per the Jamabandies for the years 1976-77, 1981-82 and 1986-87 in the Column No.5 of ownership, Panchayat Deh is entered and in Column No.6 of cultivation, the name of Raghbir Singh son of Mewa Singh 'Sakan Deh Tehat Charand' is entered and in Column No.11, adverse possession with