Partly allowed

Dalip Singh v. Director Rural Development & Panchayats Punjab & Ors.

Punjab & Haryana HC1 Oct 2012CWP/13683/2012

Case brief

AI extract

What is this about?

The High Court affirmed eviction orders under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, pending a title dispute under Section 11. It directed eviction enforcement if the petitioner loses the Section 11 petition, or quashing if he wins.

What did the court decide?

Affirmed eviction orders subject to outcome of Section 11 petition; status quo maintained until Section 11 decision; District Officer directed to decide Section 11 petition within three months.

Dalip Singh Vs Director Rural Development… — Property and Title | Punjab & Haryana HC (2012)

¶1

In the High Court of Punjab and Haryana at Chandigarh

¶2

C.W.P.No. 13683 of 2012 Date of Decision: October 01, 2012

Dalip Singh

---Petitioner

versus

Director Rural Development & Panchayats, Punjab and others

¶7

---Respondents

¶8

Coram: Hon'ble Mr. Justice Rajive Bhalla Hon'ble Mrs. Justice Rekha Mittal

¶9

Present: Mr. Vikram Singh, Advocate for the petitioner

¶10

Ms. Sudeepti Sharma, DAG, Punjab for respondent Nos. 1 and 2

¶11

Mr. Tribhuwan Singla, Advocate, for caveator-respondent No. 3

¶12

¶13

RAJIVE BHALLA, J.(ORAL)

¶14

The petitioner prays for issuance of writ of certiorari for quashing order dated 11.4.2011 passed by the District Development and Panchayat Officer-cum-Collector, Patiala and order dated 8.6.2012 passed by Director, Rural Development and Panchayats, Punjab(exercising the powers of Commissioner) passed under Section 7 of the Punjab Village Common Lands (Regulation)Act, 1961 (hereinafter referred to as “the 1961 Act”) ordering the eviction of the petitioner and the dismissal of his appeal.

¶15

Counsel for the parties agree that as a petition under Section 11 of the 1961 Act is pending adjudication, and eviction orders passed under

¶16

C.W.P.No. 13683 of 2012 -2-

¶17

Section 7 of the 1961 Act, would necessarily depend upon adjudication of the question of title raised in proceedings pending under Section 11 of the 1961 Act, the writ petition may be disposed of by affirming orders passed under Section 7 of the 1961 Act and directing that in case the petition filed under Section 11 of the 1961 Act is decided in favour of the petitioner, orders passed under Section 7 of the 1961 Act shall be rendered infructuous, but in case the petition filed under Section 11 of the 1961 Act is dismissed, the orders of eviction passed under Section 7 of the 1961 Act, shall be carried out into execution, if not already executed.

¶18

In view of agreement between counsel for the parties, we affirm the impugned orders and dispose of the writ petition in the following terms:-

¶19

(a) if the petition filed under Section 11 of the 1961 Act, is decided in favour of the petitioner, orders passed under Section 7 of the 1961 Act shall be rendered infructuous and

¶20

(b)if the petition filed under Section 11 of the 1961 Act is decided in favour of the Gram Panchayat, the order of eviction passed under Section 7 of the 1961 Act shall be carried out into execution, if not already executed.

¶21

The District Development and Panchayat Officer- cumCollector, Patiala, is directed to decide the petition pending under Section 11 of the 1961 Act within three months from the receipt of a certified copy of this order. Parties shall maintain status quo with respect to possession as it exists today, till the decision of petition under Section 11 of the 1961 Act.

¶22

(RAJIVE BHALLA) JUDGE

¶23

( REKHA MITTAL) JUDGE

¶24

October 01, 2012

¶25

PARAMJIT

Dalip Singh v. Director Rural Development & Panchayats Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Dalip Singh v. Director Rural Development & Panchayats Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gram Panchayat Jallalpur Vs State of Punjab and Ors.

Raghubir Singh Vs State of Hy.

Mukhtiar Singh and Anr. Vs State of Haryana and Ors.

Darshan Singh Vs Dirctor Rural Development and Panchayats Punjab and Ors.

Surta Singh Vs Dirctor Rural Development and Panchayats Punjab an

Baldev Singh Vs Dirctor Rural Development and Panchayats Punjab an