The High Court affirmed eviction orders under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, conditioning their future execution on the outcome of a pending appeal under Section 11 regarding title.
Impugned orders affirmed; Section 11 petition to be decided; parties to maintain status quo.
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In the High Court of Punjab and Haryana at Chandigarh
C.W.P.No. 14343 of 2012 Date of Decision: October 01, 2012
Darshan Singh
---Petitioner
versus
Director Rural Development & Panchayats, Punjab and others
---Respondents
Coram: Hon'ble Mr. Justice Rajive Bhalla Hon'ble Mrs. Justice Rekha Mittal
Present: Mr. Vikram Singh, Advocate for the petitioner
Ms. Sudeepti Sharma, DAG, Punjab for respondent Nos. 1 and 2
Mr. Tribhuwan Singla, Advocate, for caveator-respondent No. 3
RAJIVE BHALLA, J.(ORAL)
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.
Counsel for the parties agree that as a petition under Section 11 of the 1961 Act is pending adjudication, and eviction orders passed under
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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.
In view of agreement between counsel for the parties, we affirm the impugned orders and dispose of the writ petition in the following terms:-
(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
(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.
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
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-3-
it exists today, till the decision of petition under Section 11 of the 1961 Act.
(RAJIVE BHALLA)
JUDGE
( REKHA MITTAL) JUDGE
October 01, 2012 PARAMJIT
2 issues framed by the court
Whether eviction orders passed under Section 7 can be affirmed while an appeal under Section 11 concerning title is pending.
What steps should be taken regarding the execution of eviction orders depending on the outcome of the pending appeal under Section 11.
2 provisions across 1 enactments
Darshan Singh
Director Rural Development & Panchayats, Punjab
Rajive Bhalla
Rekha Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
