Dismissed

Gurcharan Singh and Ors. v. Director, Rural Dev. and Panchayat Pb. and Ors.

Punjab & Haryana HC24 Aug 2010LPA/941/2010

Case brief

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What is this about?

The High Court disposed of an appeal against the dismissal of a writ petition challenging unauthorized occupation of shamlat deh land. Relying on a Supreme Court precedent establishing Gram Panchayat ownership of migrated land, the bench found no legal error in the lower court's order that conclusively negated all contentions.

What the court decided

AI extract

Gurcharan Singh and Ors. Vs Director, Rural… — Landlord and Tenant | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Letters Patent Appeal No.941 of 2010 Date of decision: 24.8.2010

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Gurcharan Singh and others

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…..Appellants

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versus

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Director, Rural Development and Panchayat Department, Punjab and others

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……Respondents

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CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih

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Present: Mr.Balbir Singh, Advocate for the appellants

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Jasbir Singh, J. (Oral)

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The appellants are in unauthorized occupation of 68 kanals 10 marlas of land. Admittedly, as per documents on record, the land is shown as shamlat deh land. Even as per case of the appellants, their possession started (through their father) in the year 1971. After making payment of land revenue for few years, they had not paid any rent/ batai either to the Gram Panchayat or to the State of Punjab. Father of the appellants, with a view to prolong his possession over the Gram Panchayat’s land, filed an application under Section 11 of the Punjab Village Common lands (Regulation) Act, 1961, which was dismissed by the competent Court on 27.10.2006. Appellants failed in appeal, which was dismissed on 18.3.2009. Thereafter, they filed CWP No.11213 of 2009, which was dismissed by the learned Single Judge vide order dated 29.7.2009. Hence, this appeal.

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Letters Patent Appeal No.941 of 2010

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Perusal of order passed by the learned Single Judge indicates that the matter has been dealt with in a threadbare manner. All contentions raised by the appellants were met and negatived. There is nothing on record to show that the Gram Panchayat was not owner of the property, in dispute.

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Counsel for the appellants, by making reference to document (Annexure P7), argued that at one time, application of father of the appellants to purchase this land, was recommended by the Sub Divisional Magistrate, Samrala. Be that as it may, the sale was not effected in favour of father of the appellants and furthermore, possibly the Government was not competent to transfer the land in question in favour of the appellants under any circumstances because the land is shamtlat deh land and is ownership of the Gram Panchayat. The learned Single Judge by taking note of ratio of the judgment of the Hon’ble Supreme Court in Gram Panchayat of village Jamalpur v. Malwinder Singh and others AIR 1985 Supreme Court 1394 , has rightly held that the Gram Panchayat had become the owner of land, which was left by the Mohammedans in villages, when they migrated to Pakistan. Further contention of the appellants was also rightly negatived by stating that there is no proof on record to show that the land has come out of the river bed.

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Counsel for the appellants has failed to show any legal error in the judgment passed. No case is made out for interference.

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Dismissed.

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(Jasbir Singh) Judge

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24.08.2010 (Augustine George Masih) gk Judge

Gurcharan Singh and Ors. v. Director, Rural Dev. and Panchayat Pb. and Ors.

Case brief

What is this about?

What the court decided

Gurcharan Singh and Ors. v. Director, Rural Dev. and Panchayat Pb. and Ors.

Case brief

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