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2012 DIGILAW 1793 (PNJ)

Hardev Singh v. Financial Commissioner (Appeals-I), Punjab, Chandigarh

2012-12-10

RAJIVE BHALLA, REKHA MITTAL

body2012
JUDGMENT Mr. Rajive Bhalla, J. (Oral) - The appellant prays that order dated 20.04.2011, dismissing his writ petition and order dated 06.08.2008 passed by the District Collector, Mansa, removing him from the post of Lambardar, may be set aside. 2. Counsel for the appellant submits that as there is no evidence on record that the appellant is in unauthorized occupation of any portion of Gram Panchayat property, the order removing him from the post of Lambardar, is illegal. It is further submitted that the report submitted by the Sub-Divisional Magistrate, Mansa, does not refer to any khasra number or particulars of the land said to be in unauthorized occupation of the appellant. It is, however, submitted that the appellant has constructed a house on land recorded as ‘Jumla Mushtarka Malkan’, which vests in proprietors and, therefore, cannot be said to be in unauthorized occupation of the appellant. 3. Counsel for respondent No.4, on the other hand, submits that the appellant has himself admitted in a civil suit that the land is ‘Jumla Mushtarka Malkan’ and is in his possession. Findings recorded by the Revenue Officer as well as by the learned Single Judge, against the appellant, are, therefore, legal, valid and do not suffer from any error of jurisdiction or of law. 4. We have heard counsel for the parties, perused the impugned order as well as the order passed by the District Collector, Mansa and find no reason to entertain much less to accept the appeal. The Sub-Divisional Magistrate, Mansa, conducted a detailed inquiry and recorded a finding of fact that the appellant is in unauthorized occupation of panchayat land. The finding was duly considered by the District Collector, Mansa, who passed an order removing the appellant from the post of Lambardar. The appeal and revision filed by the appellant have also been dismissed. The writ petition, challenging these orders, has also been dismissed. 5. The appellant’s contention that as the appellant is in possession of land described as ‘Jumla Mushtarka Malkan’, which belongs to proprietors, he cannot be treated as an unauthorized occupant of the Gram Panchayat property, is legally incorrect. Land described as ‘Jumla Mushtarka Malkan’ is created during consolidation and vests in a Gram Panchayat for management and control. The appellant, therefore, has no right to enter this land much less to raise construction of any kind, whatsoever. Land described as ‘Jumla Mushtarka Malkan’ is created during consolidation and vests in a Gram Panchayat for management and control. The appellant, therefore, has no right to enter this land much less to raise construction of any kind, whatsoever. Findings of fact recorded by the District Collector, Mansa, do not call for interference and were, therefore, rightly affirmed by the learned Single Judge. 6. Dismissed. ---------0.B.S.0------------