Partly allowed

Baldev Singh v. Dirctor Rural Development and Panchayats Punjab an

Punjab & Haryana HC1 Oct 2012CWP/14345/2012

Case brief

AI extract

What is this about?

The High Court affirmed eviction orders under Section 7 of the Punjab Village Common Lands Act, 1961 but conditioned their finality on the outcome of a pending title dispute under Section 11. The court directed the lower authority to decide the title petition within three months and maintain status quo.

What did the court decide?

Eviction orders affirmed but rendered infructuous if Section 11 petition succeeds in petitioner's favor; Section 11 petition to be decided within three months; status quo maintained in possession.

Baldev Singh Vs Dirctor Rural Development and… — Landlord and Tenant | Punjab & Haryana HC (2012)

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In the High Court of Punjab and Haryana at Chandigarh

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C.W.P.No. 14345 of 2012 Date of Decision: October 01, 2012

Baldev Singh

---Petitioner

versus

Director Rural Development & Panchayats, Punjab and others

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---Respondents

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

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Present: Mr. Vikram Singh, Advocate for the petitioner

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

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

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RAJIVE BHALLA, J.(ORAL)

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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.

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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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C.W.P.No. 14345 of 2012 -2-

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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.

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

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(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

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(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.

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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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C.W.P.No. 14345 of 2012

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-3-

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

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(RAJIVE BHALLA)

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JUDGE

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( REKHA MITTAL) JUDGE

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October 01, 2012

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PARAMJIT

Baldev Singh v. Dirctor Rural Development and Panchayats Punjab an

Case brief

What is this about?

What did the court decide?

Baldev Singh v. Dirctor Rural Development and Panchayats Punjab an

Case brief

What is this about?

What did the court decide?

What the court decided

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