Punjab-Haryana High Court
Sardara Singh & Others vs Gram Panchayat on 19 May, 2014
Bench: Hemant Gupta, Fateh Deep Singh
IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH
Date of Decision: 19.05.2014
CWP No.5877 of 1996
Sardara Singh & others ...Petitioners
Versus
Gram Panchayat, Raipur & others ...Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE FATEH DEEP SINGH
Present: Ms. Jatinder Jit Kaur, Advocate, for the petitioners.
None for respondent No.1.
Mr. Rajinder Goyal, Addl. AG, Punjab,
for respondent Nos.2 to 4.
HEMANT GUPTA, J. (ORAL)
The petitioners have claimed that the land in question should not be auctioned, as Panchayat has no right over the land in question. Such claim is based upon an order passed by the Director, Consolidation of Holdings on 29.05.1995.
The order dated 29.05.1995 has been set aside vide separate order passed today in CWP No.10267 of 1995 titled 'Gram Panchayat, Village Raipur Vs. The Director, Consolidation & Holdings, Punjab & others', wherein it has been observed that the Director, Consolidation of Holdings has no jurisdiction to deal with the land, which vested in Panchayat, in exercise of the jurisdiction under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948.
In view of the said fact, the present writ petition is dismissed with liberty to the parties to avail such other remedy as is available to them in accordance with law.
(HEMANT GUPTA)
JUDGE
19.05.2014 (FATEH DEEP SINGH)
Kumar VimalVimal JUDGE
2014.05.22 17:22
I attest to the accuracy and
integrity of this document
Chandigarh