The Collector must provide a reasoned decision when a title question is raised under the Punjab Village Common Lands Act, rejecting arbitrary dismissals.

JUDGMENT

Mr. Sureshwar Thakur, J. (Oral)

The petitioners became aggrieved from Annexure P-5, wherebys the learned Collector concerned, rejected the present petitioners' claim as became founded, upon the proviso to Section 7 of The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the Act"). The relevant portion of the said proviso becomes extracted hereinafter.

"[Provided that if after receipt of the application and before the Panchayat is put in possession of the land or other immovable property in the shamilat deh, a question of right, title or interest in such land or property is raised by any person and a prima facie case is made out in support thereof, the Collector shall direct the person who has raised such question to submit his claim under section 11 and till the question is so determined, the application shall remain pending:

Provided further that if the person, who has raised the question of right, title or interest, fails to submit his claim under section 11 within the time prescribed under that section, the Collector shall presume that no question of right, title or interest is involved and shall proceed further to put the Panchayat in possession of the land or other immovable property in the shamilat deh]."

2. Admittedly, a petition cast under Section 7 of the Act became instituted before the DDPO-cum-Collector, Patiala. After notice on the said petition becoming served, upon the present petitioners, they filed reply thereto. In the said reply, the relevant portion whereof becomes extracted hereinafter, they in terms of the above extracted proviso asserted title to the disputed lands, and, obviously refuted that title in the suit lands, vested in the Gram Panchayat concerned.

"That para No.2 of the petition as mentioned is wrong and hence denied. Land mentioned in the petition is not the ownership of Nagar Panchayat alias Shamlat Deh nor this land was reserved for any common purposes. The land in question never remained under the control of petitioner Gram Panchayat nor the Gram Panchayat has earned any income from this land. Therefore, question of utilization does not exist in Jamabandi for the year 2017-2018.

Actual story is that this land is their own of owners of village Kalar Bhaini which is partitioned in 24 Hals'. In column of ownership, the entry is 'shamlat deh malkiat 24 Hals Mundarja Shijra Nisab' clear meaning that according to pedigree table, this land of 24 Hals/shares is of Khewatdars of Village and the Khewatdars of the village are cultivating this land according to their shares from the time of their forefathers. During consolidation, this land comprised in Khasra No.509(6- 5), 510(6-5) as per Khewat No.28/31 of Khatauni Pamaish was allotted to Alam Singh, Bachna sons of Mastan Singh, Jat Dhindsa. This allotment was never challenged by any person. Later on, this land was entered in the ownership of 'shamlat deh malkiat 24 Hals Mundarja Shijra Nisab' but Alam Singh etc. are in possession of this land as owners continuously. In khewat No.66 of Jamabandi for the year 1978-79 and Jamabandi 1982- 83, 1987-88, 1992-93, Alam Singh, Bachan Singh sons of Mastan Singh son of Bhagwan Singh are recorded in column of possession and in column No.9 of Jamabandi, clear entry 'Bila Lagan Bawaja Malkiat Tasabar Malkiat is mentioned. From the co-joint reading of entries of column of possession and column No.9 of rent, it is clear that Alam Singh etc. are in possession over it as owners. Alam Singh, Bachan Singh had sold their land to Respondents in the year 1993 alongwith all rights attached with this land. Therefore, the name of respondents as owners was mentioned at the place of vendors in the column of possession of Jamabandi for the year 1997-98. In column No.9 of Jamabandi for the year 2002-2003, entry 'Bila Lagan Bawaja Malkiat Tasabar Malkiat' is mentioned. From it, it is clear that the respondents are owners in possession.

Here, it is made clear that in Scheme consolidation, the land