Punjab-Haryana High Court
Gurnam Singh vs District Development And Panchayat ... on 9 December, 2013
Bench: Jasbir Singh, G.S. Sandhawalia
CWP No. 7226 of 1989 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 7226 of 1989
Date of Decision:- December 09, 2013
Gurnam Singh ..............PETITIONER(S)
vs.
District Development and Panchayat Officer, Patiala and another
...........RESPONDENT(S)
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE G.S. SANDHAWALIA
Present:- Mr. Som Nath Saini, Advocate,
for the petitioner.
Mr. B.S. Cheema, DAG, Punjab.
Mr. Umesh Kumar, Advocate,
for respondent no. 2.
JASBIR SINGH, J. (Oral)
This writ petition has been filed to lay challenge to the filing of an application by the Gram Panchayat under Sections 11 and 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short 'the Act'). It is primary grievance of the petitioner that when those applications were filed in the year 1988, the Gram Panchayat was not competent to file those applications as per the above said provision.
Be that as it may, it is not in dispute that in the meantime, by effecting an amendment in the Act in the year 1993, the Gram Panchayat was empowered to claim question of title by filing an application under Section 11 of the Act.
Gupta Shivani2014.01.16 11:52 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 7226 of 1989 2
Faced with the situation, counsel for the Gram Panchayat states that let the application filed by the Gram Panchayat be treated under the amended provision and directions be issued to the Collector to decide it afresh. To the prayer made, no objection has been raised by counsel for the petitioner. Rather, he stated that let the Gram Panchayat file a fresh application.
In view of the agreed stand taken, we dispose of this writ petition directing the Collector at Patiala to decide application of the Gram Panchayat under Section 11 of the Act filed in the year 1988 afresh in view of the amendment effected in the year 1993. The parties are directed to appear before the Collector at Patiala on 16.01.2014. The said officer shall provide three opportunities to each of the parties to supplement their pleadings and also to lead evidence. Any observation made by the Collector in order dated 23.05.1989 shall have no bearing when deciding the cases afresh between the parties.
(Jasbir Singh)
Judge
09.12.2013 (G.S. Sandhawalia)
shivani Judge
Gupta Shivani
2014.01.16 11:52
I attest to the accuracy and
integrity of this document
High Court Chandigarh