Dismissed

Rattan Singh v. State of Punjab and Ors.

Punjab & Haryana HC18 Aug 2009CWP/12043/2009

Case brief

AI extract

What is this about?

The Court disposed of the C.M. petition by ordering the record corrected. Regarding the Writ Petition seeking quashing of an order permitting land allotment, the Court allowed the petitioner to withdraw the petition with liberty to seek review of the earlier Division Bench order that upheld the allotment.

What did the court decide?

The writ petition disposed of as withdrawn with liberty to seek review of the order dated 9.7.2007 passed in CWP No. 11440 of 2006.

Rattan Singh Vs State of Punjab and Ors. — Property and Title | Punjab & Haryana HC (2009)

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[1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.M. No. 13704 of 2009 and CWP No. 12043 of 2009

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Date of decision : August 18, 2009

Rattan Singh

…. Petitioner

Versus

State of Punjab and Others

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…. Respondents

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Present : Ms. Jatinder Jit Kaur, Advocate for the petitioner.

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S.S. SARON, J.

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C.M. No. 13704 of 2009

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The copy of Jamabandi for the year 2003-04 (Annexure P1) attached with the C.M. is taken on record and substituted for the one earlier field.

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The Registry to place the same on record as page No.30. C.M. stands disposed of.

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CWP No. 12043 of 2009

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The petition has been filed seeking quashing of the order dated 4.9.2008 (Annexure P7) passed by the Assistant Commissioner (J), Jalandhar

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C.M. No. 13704 of 2009 and CWP No. 12043 of 2009

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[2]

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and for directing the Deputy Commissioner, Jalandhar (respondent No.3) and the Assistant Commissioner (J), Jalandhar (respondent No.4) to conduct an inquiry regarding the allotment of Gram Panchayat (respondent No.6) land on 2.5.1994 to Pal Singh (respondent No.7). A further prayer has been made for directing Deputy Commissioner, Jalandhar (respondent No.3) to decide the representation made by the persons of village Authola after making inquiry. A still further prayer has been made for restraining Pal Singh (respondent No.7) from changing the nature of the land as trees are standing there.

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Learned counsel for the petitioner has contended that the petitioner is a co-sharer of the ‘jumla mustharka malkan’ in khasra No.89 measuring 3 kanals 19 marlas. He is a share-holder along with 3985 other share-holders. It is submitted that the said land in revenue record has been recorded as ‘gair mumking gadhha khad’ and in the column of cultivation, it is recorded as ‘Rafai – aam’. Therefore, it is submitted that the land is a manure pit for storing cow dung and it could not have been allotted by the Gram Panchayat village Authola (respondent No.6) to Pal Singh (respondent No.7) in pursuance of Resolution dated 2.5.1994 (Annexure P2).

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During the course of hearing, it has transpired that this Court in the case titled Gram Panchayat of village Authola v. Joint Development Commissioner (IRD) and others CWP No. 11440 of 2006 decided on 9.7.2007 (Annexure P8) has upheld the allotment of the said land to Pal Singh (respondent No.7). The Resolution dated 2.5.1994 (Annexure P2) passed by the Gram Panchayat was noticed and it was held that the authorities below had correctly decided the matter and permitted use of 5 marlas of land to Pal Singh (respondent No.7) as having been validly granted to him by the Panchayat (respondent No.6). The writ petition filed by the Gram Panchayat, village Authola (respondent No.6) was accordingly dismissed.

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C.M. No. 13704 of 2009 and CWP No. 12043 of 2009

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[3]

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In the face of the said order dated 9.7.2007 (Annexure P8) of the Division Bench, learned counsel for the petitioner, during the course of hearing, submits that she may be allowed to withdraw the present petition with liberty to seek review of the order dated 9.7.2007 (Annexure P8) passed in CWP No. 11440 of 2006.

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Dismissed as withdrawn with liberty as prayed for.

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(S.S. SARON) JUDGE

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August 18, 2009 amit

Rattan Singh v. State of Punjab and Ors.

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Rattan Singh v. State of Punjab and Ors.

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