High Court allowed two identical community land disputes where parties reached a consensus. Impugned orders were set aside and matter remitted to the Collector for fresh adjudication under relevant Act within six months.
Petitions allowed; impugned orders set aside; matter remitted to Collector for fresh adjudication within six months.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-13032 of 2011 Date of Decision 07.5.2012
Gram Panchayat, Village Pohir --Petitioner
Vs.
State of Punjab and others
--Respondents
CWP-13450 of 2011 Date of Decision 07.5.2012
Gram Panchayat, Village Pohir --Petitioner
Vs.
State of Punjab and others
--Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr.K.S.Boparai, Advocate, for the petitioner
Mr.J.S.Puri,Addl.A.G.Punjab, for respondent Nos.1 to 3
Mr. Nakul Sharma,Advocate,for respondent Nos. 10 to 13
RAJIVE BHALLA, J: (Oral)
By way of this judgment, we shall dispose of two petitions, namely, CWP Nos. 13032 and 13450 of 2011, as they involve adjudication of same questions of fact and law. However, for the sake of convenience, facts are being taken from CWP No.13032 of 2011.
The dispute in the present case is whether land in dispute belongs to Gram Panchayat, Pohir or the proprietors/vendees, who have purchased this land from the proprietors.
The Collector and the Commissioner have, in our considered opinion, failed to exercise jurisdiction in accordance with the procedure
CWP No.13032 of 2011 -2-
prescribed under Section 11 of the Punjab Village Common Lands (Regulation) Act,1961 (for short,'the Act').
At this stage, counsel for the parties, state that as they have arrived at a consensus, these writ petitions may be allowed, the impugned orders dated 25.6.2007 (Annexure P-12) and 19.4.2011 (Annexure P-16) in CWP No.13032 of 2011 and orders dated 14.12.2007 (Annexure P-12) and 19.4.2011 (Annexure P-16) in CWP No.13450 of 2011, may be set aside and the matter be remitted to the Collector-cum D.D.P.O, Ludhiana, to decide the petition filed by the Gram Panchayat under Section 11 of the Act afresh and in accordance with law.
In view of agreement between counsel for the parties, both writ petitions are allowed, impugned orders are set aside and the matter is remitted to the Collector-cum- D.D.P.O, Ludhiana, exercising powers under the 1961 Act, for adjudication afresh and in accordance with law. Needless to say that the Collector shall frame issues and after granting opportunity to all the parties to lead evidence, decide the petition afresh within six months from the date on which parties put in appearance before him.
The parties are directed to appear before the Collector, Ludhiana, on 06.6.2012.
A photo-copy of the order be placed on the file of connected
case.
(RAJIVE BHALLA ) JUDGE
07.5.2012 (RAKESH KUMAR JAIN ) rr JUDGE
1 provisions across 1 enactments
Gram Panchayat, Village Pohir
State of Punjab
Rajive Bhalla
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
