Dismissed

Deva Singh v. Gram Panchayat Thurana and Ors.

Punjab & Haryana HC11 May 2010LPA/610/2010

Case brief

AI extract

What is this about?

This intra-court appeal challenged an order allowing a writ petition against a Commissioner's direction for a Gram Panchayat to sell disputed land to appellants. The single judge held the Commissioner lacked jurisdiction under the 1961 Act to direct sale to an encroacher. The appeal was dismissed.

What did the court decide?

The intra-court appeals were dismissed with no interference called for.

Deva Singh Vs Gram Panchayat Thurana and Ors. — Property and Title | Punjab & Haryana HC (2010)

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LPA Nos. 610 of 2010

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In the High Court of Punjab and Haryana, Chandigarh.

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LPA Nos. 610 of 2010 (O&M) and LPA Nos. 611 of 2010 (O&M)

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Date of Decision: 11.05.2010

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Deva Singh

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....Appellant.

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Versus

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Gram Panchayat Thurana and others

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....Respondents.

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Baldeva

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....Appellant.

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Versus

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Gram Panchayat Thurana and others

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....Respondents.

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Coram:- Hon'ble Mr. Justice Adarsh Kumar Goel Hon'ble Mr. Justice Alok Singh

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1.Whether reporters of local news papers may be allowed to see judgement ?

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To be referred to reporters or not ?

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Whether the judgement should be reported in the Digest ?

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Present: Mr. Diwan Sharma, Advocate for the appellant.

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Alok Singh, J.

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In the present intra-Court appeals, order impugned is dated 29.1.2010 passed by learned Single Judge, thereby allowing CWP Nos.9023 of 2009 and 9025 of 2009, challenging order dated 25.2.2009, passed by the Commissioner, Hisar Division, Hisar, directing the Gram Panchayat to pass resolution to sell the land in dispute (Gram Panchayat land) to the

LPA Nos. 610 of 2010

appellants

Brief facts of the case are that the Assistant Collector, Ist Grade, Hansi, vide order dated 7.5.2007 directed eviction of appellants from the panchayat land. Order of the Collector, Ist Grade was challenged before the Collector, Hisar, who vide order dated 27.8.2008 confirmed the order of ejectment passed by the Assistant Collector, Ist Grade, Hansi. Thereafter, the matter was carried to the Commissioner, who vide order dated 25.2.2009 (impugned in the writ petition) directed the Gram Panchayat to pass resolution to sell the land in dispute in favour of the appellants. Order of the Commissioner was challenged before learned Single Judge in CWP Nos.9023 of 2009 and 9025 of 2009 by the Gram Panchayat. Writ petition was allowed by learned Single Judge, holding that the Commissioner has absolutely no jurisdiction to direct the Gram Panchayat to sell the land in favour of the appellants.

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We have heard learned counsel for the appellant and perused the record.

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From the perusal of the record, it is revealed that in a proceeding under Section 7(1) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 1961 Act), appellants were directed to be ejected from the panchayat land measuring 11 marlas by the order of the Assistant Collector, Ist Grade, Hansi, dated 7.5.2007. Order of the Assistant Collector was confirmed by the Collector in appeal vide order dated 27.8.2008.

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Undisputedly, land in question is Gram Panchayat land. None has any right to remain in possession of the panchayat land. There is no provision to give jurisdiction to the Commissioner to direct the Gram

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LPA Nos. 610 of 2010

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Panchayat to pass resolution to sell the property in favour of the encroacher of the land. Learned Single Judge in the impugned judgement has rightly held that the provision of the 1961 Act and the rules framed thereunder, do not vest any jurisdiction with the Commissioner to direct the Gram Panchayat to pass any resolution selling the property in favour of the encroacher.

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In view of the above, no interference is called for. Appeals are devoid of merit and the same are, accordingly, dismissed.

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A photocopy of the order be placed on the file of connected

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case.

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( Adarsh Kumar Goel ) Judge

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11.05.2010 sk.

Deva Singh v. Gram Panchayat Thurana and Ors.

Case brief

What is this about?

What did the court decide?

Deva Singh v. Gram Panchayat Thurana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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