Partly allowed

Surta Singh v. Dirctor Rural Development and Panchayats Punjab an

Punjab & Haryana HC1 Oct 2012CWP/14344/2012

Case brief

AI extract

What is this about?

The Punjab and Haryana High Court affirmed eviction orders under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, contingent on the outcome of a pending title matter under Section 11. The court ordered the District Officer to decide the Section 11 petition within three months and directed maintenance of status quo during pendency.

What did the court decide?

Affirmed eviction orders subject to the outcome of the pending Section 11 petition; directed District Officer to decide Section 11 petition within three months; status quo maintained in possession.

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

¶1

In the High Court of Punjab and Haryana at Chandigarh

¶2

C.W.P.No. 14344 of 2012 Date of Decision: October 01, 2012

Surta 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. 14344 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

¶22

C.W.P.No. 14344 of 2012

¶23

-3-

¶24

it exists today, till the decision of petition under Section 11 of the 1961 Act.

¶25

(RAJIVE BHALLA) JUDGE

¶26

( REKHA MITTAL) JUDGE

¶27

October 01, 2012

¶28

PARAMJIT

Surta Singh v. Dirctor Rural Development and Panchayats Punjab an

Case brief

What is this about?

What did the court decide?

Surta Singh v. Dirctor Rural Development and Panchayats Punjab an

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.

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

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

Baldev Singh Vs Dirctor Rural Development and Panchayats Punjab an