Sher Singh & ORS v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.9965 of 2016 Date of Decision : 16.01.2018 Sher Singh and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER HON'BLE MR.JUSTICE RAJBIR SEHRAWAT Present: Mr.Liaqat Ali, Advocate for the petitioners.

MAHESH GROVER, J. (Oral) This is a writ petition directed against the order dated 22.03.2013 passed by respondent No.3 and order dated 14.10.2015 passed by respondent No.2.

The petitioners claimed prolonged possession of the disputed land for the last more than three decades. Proceedings were initiated by the petitioners under Section 11(2) of the Punjab Village Common Land and Regulation Act, 1961 and the Collector vide one of the impugned orders dated 22.03.2013 declined the prayer which led to an appeal, meeting the same fate.

We have heard the learned counsel for the petitioners and perused the impugned orders and are unable to accept the plea raised in the writ petition for the simple reason that neither before the authorities below nor before us any revenue record has been shown to suggest the prolonged possession of the petitioners through any legitimate arrangement. Rather, the Gram Panchayat placed

CWP No.9965 of 2016 -2jamabandies for the various years showing their ownership with the petitioners being recorded as Gair Marusi in the column of cultivation. In view of this overwhelming revenue record, the plea of the petitioners that they were not making any payment to any person and were in possession for the last 37 years thereby entitling them to ownership of the land in question cannot be accepted. No ground to interfere.

Dismissed.

(MAHESH GROVER) JUDGE 16.01.2018 (RAJBIR SEHRAWAT) dss JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No