Punjab-Haryana High Court
Harmesh Lal And Another vs State Of Punjab And Others on 22 May, 2012
Bench: Rajive Bhalla, Rakesh Kumar Jain
CWP No.22709 of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.22709 of 2010
Date of Decision:22.05.2012
Harmesh Lal and another ..... Petitioners
Versus
State of Punjab and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr.Parminder Singh, Advocate, for
Mr.Amit Arora, Advocate, for the petitioners.
Mr.N.D.S.Mann, Addl.A.G., Punjab,
for respondents No.1 and 2.
Mr.O.P.Sharma, Advocate, for respondent No.3.
*******
RAJIVE BHALLA, J. (ORAL)
The petitioners pray for issuance of a writ in the nature of certiorari for quashing orders dated 06.10.2010 and 08.12.2010, passed by the DDPO-cum-Collector, Ludhiana, and the Director Rural Development and Panchayats, SAS Nagar, Mohali, respectively.
Counsel for the petitioners contends that as a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act') is admittedly pending adjudication, the learned Collector had no jurisdiction to proceed with the petition under Section 7 of the Act, in view of the first proviso to Section 7 of the Act.
Counsel for the Gram Panchayat, respondent No.3, admits CWP No.22709 of 2010 -2- that a petition under Section 11 of the Act is pending but states that the petitioners were lessees of the Gram Panchayat and as no question of title arises, the writ petition should be dismissed and the order of ejectment should be affirmed.
We have heard counsel for the parties. Admittedly, a petition under Section 11 of the Act is pending. The first proviso to Section 7 of the Act, clearly provides that in case a petition is filed under Section 11 of the Act, the Collector shall keep the petition under Section 7 of the Act, in abeyance, till decision of the petition under Section 11 of the Act. We, therefore, dismiss the writ petition by affirming the orders of ejectment but direct that they shall be kept in abeyance during pendency of the petition under Section 7 of the Act. It is further ordered that in case the petition under Section 11 of the Act, is decided in favour of the petitioners, the impugned orders shall be rendered null and void but in case it is decided in favour of the Gram Panchayat, orders passed under Section 7 of the Act, shall be carried out into execution.
The Collector is directed to decide the petition filed under Section 11 of the Act, within three months, from receipt of a certified copy of this order.
[ RAJIVE BHALLA ]
JUDGE
22.05.2012 [ RAKESH KUMAR JAIN ]
shamsher JUDGE