Mehar Singh vs Joint Development Commissioner ...
2024 Latest Caselaw 6370 P&H

Punjab-Haryana High Court

Mehar Singh vs Joint Development Commissioner ... on 20 March, 2024

Author: Deepak Sibal

Bench: Deepak Sibal

                                  Neutral Citation No:=2024:PHHC:040260-DB




                                                                 2024:PHHC:040260-DB


            IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH

( Sr. No. 113 )                                      LPA No.761 of 2024 (O&M)
                                                     Date of decision: 20.03.2024

Mehar Singh
                                                                       .....Appellant
                  Versus

Joint Development Commissioner and others
                                                                    .....Respondents


CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
                  HON'BLE MR. JUSTICE DEEPAK MANCHANDA

Present :         Mr. Inderjit Sharma, Advocate and
                  Mr. Neeraj Kalair, Advocate for the appellant.
                         ***

DEEPAK SIBAL, J. (Oral)

(1) The present intra court appeal is directed against the judgment

dated 30.01.2024 passed by a learned Single Judge of this Court dismissing

the appellant's writ petition filed by him to challenge therein order of the

revenue authorities ordering his eviction from Panchayat land.

(2) After hearing learned counsel for the appellant and examining

the record which includes the impugned judgment, we find that the

appellant's eviction was upheld by the learned Single Judge on the ground

that the revenue authorities had found the appellant to be in possession of

land described in the revenue record as "Jumla Mustarka Malkan" which, as

per provision of Section 23-A of the East Punjab Holdings (Consolidation

and Prevention of Fragmentation) Act, 1948 and Rule 16(ii) of East Punjab

Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, can

be managed and controlled only by the Gram Panchayat as also that such

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Neutral Citation No:=2024:PHHC:040260-DB LPA No.761 of 2024 (O&M) [2] 2024:PHHC:040260-DB

land cannot be redistributed even by the proprietors of the village because

the same can be used only for common purposes for the benefit of the entire

village.

(3) The afore findings are being found to be reasonable and based

on the evidence led and by the parties before the revenue authorities.

(4) The submission made on behalf of the appellant that he is in

possession of the land in Khasra No.445/1 and not Khasra No.446 qua which

the eviction order has been passed is also found to have been duly dealt with

by the learned Single Judge by holding that the eviction of the appellant

shall only be from Khasra No.446.

(5) The argument raised before us that no opportunity was granted

to the appellant before ordering the eviction is also found to be against the

record as the impugned orders passed by the revenue authorities clearly

show that before passing of the eviction orders not only was the appellant

served with a notice of the application filed for his eviction but that he was

also permitted to lead evidence and to place on record his written statement,

which he did.

(6)           Dismissed.


                                                       (DEEPAK SIBAL)
                                                           JUDGE



20.03.2024                                        ( DEEPAK MANCHANDA )
sunil yadav                                               JUDGE

      Whether speaking/reasoned : Yes / No
      Whether reportable             : Yes / No




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