Marthan vs Director Rural Development and Panchayat Depart Punjab and Others

Surya Kant, J.—This order shall dispose of CWP Nos. 23820, 24735, 24767 of 2013 and CWP Nos. 620 to 624 and 730 of 2014, as common question of law and facts are involved in these cases. For convenience, the facts are being taken from CWP No. 23820 of 2013. The petitioner impugns the orders dated 31.03.2011 and 19.11.2012 (Annexures P-5 and P-6, respectively) ordering her eviction from the land measuring 3 marlas situated in Village Rania, Tehsil and District Gurdaspur, as well as the order dismissing her appeal against the eviction order.

The eviction order was passed pursuant to an application moved by respondent No. 3 under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961.

Two fold contentions are raised on behalf of petitioner. Firstly, it is argued that small piece of land was allotted to her by respondent No. 3-Gram Panchayat out of "Jumla Mushtarka Malkan Land" for the construction of house as her family is landless inhabitant of the village; secondly, the Collector under the Punjab Village Common Lands (Regulation) Act, 1961 has got no jurisdiction to order the eviction in respect of the land described as "Jumla Mushtarka Malkan", as held by this Court in the case of Mithu Singh and Another Vs. Director Rural Development and Panchayat Department, Punjab, .

We find from the impugned order dated 31.03.2011 (Annexure P-5) passed by the Collector, Gurdaspur that the petitioner''s contention that the small piece of land measuring 3 marla was "allotted" to her for residential purpose has not been dealt with at all. Similarly, there can be no exception to the view taken by this Court in Mithu Singh''s case, according to which the Collector has no jurisdiction to entertain eviction petition in respect of a land described as "Jumla Mushtarka Malkan Deh". The appellate order also thus cannot sustain.

This Court in Mithu Singh''s case has also held that the remedy with the Gram Panchayat in such like cases would be to approach the Authority under the Punjab Gram Panchayat (Common Purposes Land) Eviction and Rent Recovery Act, 1976. For the reasons afore-stated, we allow the writ petition(s) and set aside the impugned orders dated 31.03.2011 and 19.11.2012 (Annexures P-5 and P-6, respectively). However, with liberty to the Gram Panchayat to initiate appropriate proceedings in accordance with law, if so desired.