Punjab-Haryana High Court
Bahuti Devi And Others vs State Of Punjab And Others on 14 September, 2012
Bench: Rajive Bhalla, Rekha Mittal
CWP No.9583 of 2012 with connected cases -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
*****
DATE OF DECISION : 14.09.2012
1. CWP No.9583 of 2012
Bahuti Devi and others ...Petitioners
Versus
State of Punjab and others ...Respondents
2. CWP No.9597 of 2012
Nachhattar Singh and others ...Petitioners
Versus
Director Rural Development and Panchayat, Punjab and others
...Respondents
3. CWP No.9638 of 2012
Jagga Ram and another ...Petitioners
Versus
Director Rural Development and Panchayat, Punjab and others
...Respondents
4. CWP No.9966 of 2012
Ishar Ram and others ...Petitioners
Versus
State of Punjab and others ...Respondents
5. CWP No.10002 of 2012
Karnail Singh and another ...Petitioners
Versus
State of Punjab and others ...Respondents
CWP No.9583 of 2012 with connected cases -2-
6. CWP No.10006 of 2012
Ram Pal and another ...Petitioners
Versus
State of Punjab and others ...Respondents
7. CWP No.10134 of 2012
Tek Chand and others ...Petitioners
Versus
State of Punjab and others ...Respondents
8. CWP No.10146 of 2012
Inder Singh and others ...Petitioners
Versus
State of Punjab and others ...Respondents
9. CWP No.10395 of 2012
Sajjan Singh and others ...Petitioners
Versus
State of Punjab and others ...Respondents
10. CWP No.13544 of 2012
Jagmail Singh and others ...Petitioners
Versus
Director Rural Development and Panchayat, Punjab and others
...Respondents
11. CWP No.14902 of 2012
Hari Chand and others ...Petitioners
Versus
State of Punjab and others ...Respondents
CWP No.9583 of 2012 with connected cases -3-
12. CWP No.14925 of 2012
Ruldu Ram and others ...Petitioners
Versus
State of Punjab and others ...Respondents
13. CWP No.15598 of 2012
Jagir ...Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS. JUSTICE REKHA MITTAL
Present : Mr. Raj Kumar Garg, Advocate,
for the petitioners (in CWP Nos.9583, 9597, 9638, 9966,
10002, 10006, 10134, 10146 and 10395 of 2012)
Mr. K.S.Chahal, Advocate,
for the petitioners (in CWP Nos.14902, 14925 and
15598 of 2012)
Mr. Rakesh Gupta, Advocate,
for the petitioners (in CWP No.13544 of 2012)
Mr. N.D.S.Mann, Addl. Advocate General, Punjab,
for respondent Nos.1 and 2.
Mr. Angraze Singh Dhindsa, Advocate,
for respondent No.3-Gram Panchayat.
RAJIVE BHALLA, J. (ORAL)
By way of this order, we shall dispose of CWP No.9583 of 2012 titled as 'Bahuti Devi and others Vs. State of Punjab and others', CWP No.9597 of 2012 titled as 'Nachhattar Singh and others Vs. Director Rural Development and Panchayat, Punjab and others', CWP No.9638 of 2012 titled as 'Jagga Ram and another Vs. Director Rural Development and Panchayat, Punjab and others', CWP No.9583 of 2012 with connected cases -4- CWP No.9966 of 2012 titled as 'Ishar Ram and others Vs. State of Punjab and others', CWP No.10002 of 2012 titled as 'Karnail Singh and another Vs. State of Punjab and others', CWP No.10006 of 2012 titled as 'Ram Pal and another Vs. State of Punjab and others', CWP No.10134 of 2012 titled as 'Tek Chand and others Vs. State of Punjab and others', CWP No.10146 of 2012 titled as 'Inder Singh and others Vs. State of Punjab and others', CWP No.10395 of 2012 titled as 'Sajjan Singh and others Vs. State of Punjab and others', CWP No.13544 of 2012 titled as 'Jagmail Singh and others Vs. Director Rural Development and Panchayat, Punjab and others', CWP No.14902 of 2012 titled as 'Hari Chand and others Vs. State of Punjab and others', CWP No.14925 of 2012 titled as 'Ruldu Ram and others' Vs. State of Punjab and others' and CWP No.15598 of 2012 titled as 'Jagir Vs. State of Punjab and others', as they involve adjudication of common questions of law and facts. The facts are being taken from CWP No.9583 of 2012.
Prayer in this petition is for issuance of a writ of certiorari for quashing orders dated 28.02.2011 and 18.01.2012 passed by the Divisional Deputy Director-cum-Collector, Rural Development and Panchayat, Patiala and the Director Rural Development and Panchayat Department, Punjab, SAS Nagar, Mohali, respectively.
Counsel for the parties have arrived at a consensus that as judgment and decree dated 11.05.1972, has been held to be collusive by both respondent Nos.1 and 2, without framing any issue or granting opportunity to lead any evidence, the matter may be remitted to the appellate authority to decide the matter, afresh, CWP No.9583 of 2012 with connected cases -5- after framing an issue on the plea of collusion and granting an opportunity to parties to lead evidence.
In view of the consensus between counsel for the parties, the writ petitions are partly allowed, order dated 18.01.2012 passed by the Director Rural Development and Panchayat, Punjab, SAS Nagar, Mohali, is set aside and the matter is restored to his office for adjudication of appeals, filed by the petitioners, afresh and in accordance with law, after framing an issue on the plea, whether judgment dated 11.05.1972 was obtained by collusion and by granting an opportunity to parties to lead evidence.
Parties are directed to appear before the Director, Rural Development and Panchayat, Punjab, SAS Nagar, Mohali, on 07.11.2012, who shall decide the appeals within six months from the date of appearance of parties before him. In case, parties raise any other plea with respect to title, it shall also also be considered and decided by the appellate authority.
(RAJIVE BHALLA)
JUDGE
14.09.2012 (REKHA MITTAL)
adhikari JUDGE