IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8886-1991 (O&M)

Date of decision : 14.01.2025 MOHINDER SINGH (DECEASED) THROUGH LR AND OTHERS …Petitioners Versus GRAM PANCHAYAT, BALLUANA AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Suvir Sidhu, Advocate for the petitioners.

Mr. Baldev Singh Sidhu, Advocate for respondent No.1.

Mr. Navneet Singh, Sr. D.A.G., Punjab.

HARSH BUNGER, J.

Petitioner has filed the present writ petition under Articles

226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari for setting aside order dated 28.09.1989 (Annexure P-7) passed by the learned District Development and Panchayat Officer-cum-Collector, Ferozepur; whereby, he was ordered to be ejected under the provisions of Punjab Public Premises and Lands (Eviction and Rent Recovery) Act, 1973 (in short `the 1973 Act’) from land measuring 18 kanals – 9 marlas, comprised in Khasra No.40/2(7-7), 25(6-6), 67/5/1(4-6) situated in Village Balluana, Tehsil Abohar, District Ferozepur.

A further prayer has been made for setting aside order dated

23.04.1991 (Annexure P-9) passed by the learned Commissioner, Ferozepur Division, Ferozepur; whereby an appeal filed by the petitioner against his eviction order dated 28.09.1989 (Annexure P-7) was dismissed.

2. Briefly, in May-1989, respondent No.1-Gram Panchayat, Balluana through its Sarpanch, filed an eviction petition under Sections 4, 5 and 7 of the 1973 Act, seeking eviction of the petitioner from the afore-said land. The petitioner appeared in the afore-said eviction proceedings and made a statement on 22.09.1989, stating that he has no connection with the afore-said land and that the Panchayat can auction the same.

2.1 Considering the afore-said statement made by Sh. Mohinder Singh, the learned Collector, Ferzorepur, vide order dated 28.09.1989 (Annexure P-7) allowed the eviction petition filed by the Gram Panchayat and further directed the Panchayat to take possession of the land, in question.

2.2 It transpires that said Mohinder Singh, preferred an appeal under Section 9 of the 1973 Act, challenging the eviction order dated 28.09.1989, primarily disputing the fact that he never made any such statement as recorded by the learned Collector, while passing the eviction order. The learned Commissioner, Ferozepur Division, Ferozepur, vide order dated 23.04.1991 (Annexure P-9), dismissed the appeal filed by the petitioner.

2.3 In the afore-mentioned circumstances, the present writ petition has been filed before this Court, for the relief/s, as noticed here-in-above.

3. Learned counsel for the petitioner submits that the petitioner had migrated to India on account of partition of the country, somewhere in the year 1947 and he entered into possession of the afore-said land situated at Village Balluana. It is submitted that the petitioner was in an un-disturbed possession of the said land for a period of more than 40 years and his name stands recorded in the revenue records as well. In this regard, learned counsel for the petitioner has referred to the Jamabandi for the year 1965-66 upto the Jamabandi for the year 1985-86, according to which, in the ownership column, the land in question is recorded as the ownership of Gram Panchayat and in the cultivation column, the name of the petitioner is mentioned. It is submitted that when the petitioner had appeared before the learned Collector, Ferozepur on 22.09.1989, then his signatures were secured upon the representation that since he had prayed for an adjournment, therefore, he should sign the same. It is submitted that the signatures of the petitioner have been exploited. It is further submitted that the petitioner has been in adverse possession of the land in question and had even filed a civil suit, claiming declaration that he has become owner by way of adverse possession, which was decreed vide judgment dated 22.12.1989 (Annexure P-6) passed by the Court of learned Sub Judge Ist Class, Fazilka.