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Judgment
N.C. Jain, J.—The present petition has been filed against the order of the Joint Development Commissioner declaring respondent No. 2 as
owner of the disputed land measuring 16 Bighas 14 Biswas. The petition in our considered view deserves to be dismissed at the stage of motion
hearing. It has been found as a fact after going through the entire evidence comprised of documentary one that the respondent is in possession of
the disputed land as owner before 1950. The counsel for the Gram Panchayat could not point out to any document from which it could be
gathered by us that the land vests in the Gram Panchayat. The factum of the Gram Panchayat having auctioned the land in a particular year would
not mean that the Gram Panchayat is the owner. Until and unless the entries in the revenue record evidences the ownership of the Gram Panchayat,
it cannot be declared to be owner of the disputed land. The entries in the revenue record to the effect that Shamlat Deh Hasab Paimana Malkiat
Mudarqa Sajar Nasar Bandobasti do not and cannot legally mean that the land is shamlat deh and that the same vests in the Gram Panchayat.
Finding no merit in the petition, the same is dismissed at the stage of motion hearing.