The High Court dismissed the writ petition seeking quashing of orders evicting the petitioner from land vested in the Gram Panchayat under the Punjab Village Common Lands (Regulations) Act, 1961.
The petitioner is directed to hand over the possession of the disputed land forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Writ Petition No.13249 of 1993 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.13249 of 1993 Date of decision:- 04th July, 2011
Niranjan Singh (since deceased) through legal heirs
....Petitioner
Vs.
Joint Development Commissioner (IRD), Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. Balbir Singh, Advocate, for the petitioner.
Mr. S.S. Rangi, Advocate, for respondent No.3.
A.N.JINDAL, J.
The petitioner has invoked the provisions of Article 226 of the Constitution of India for quashing the order dated 25.01.1990 (Annexure P-4) passed by respondent No.2, whereby on the application filed by respondent No.3-Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as the Act), the petitioner was ordered to be evicted from the land in dispute. Petitioner has further sought quashing of the order dated 28.07.1993 (Annexure P-6) passed by respondent No.1, whereby the appeal filed by the petitioner against the above said order, was dismissed.
The Gram Panchayat is, apparently, shown to be the owner of the land in question, to which, it was entitled to get vacated by filing an application under Section 7 of the Act. The collector as well as the appellate authority have duly appreciated the evidence and ordered the
Civil Writ Petition No.13249 of 1993 2
eviction of the petitioner from the disputed land by observing that the land in dispute vests in the Gram Panchayat.
As such, the present writ petition being without any merit,
is dismissed. The petitioner is directed to hand over the possession of disputed land forthwith in view of the observations made by the Hon'ble Apex Court in case Jagpal Singh Vs. State of Punjab, 2011(2)
Scale 42.
(A.N. JINDAL) JUDGE
July 04, 2011 ajp
2 issues framed by the court
Whether the writ petition challenging the eviction order under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 deserves to be dismissed.
Whether the petitioner is directed to hand over possession of the disputed land.
Colour shows how this judgement treated each authority
Jagpal Singh Vs. State of PunjabReferred¶18
2011(2) Scale 42
2 provisions across 2 enactments
Niranjan Singh (since deceased) through legal heirs
Joint Development Commissioner (IRD), Punjab
Gram Panchayat
A.N. JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
