Balwinder Kaur etc. Vs State of Punjab etc.

The petitioners pray for issuance of a writ of certiorari quashing orders dated 20.02.2006/30.04.2007 (Annexure P-10), passed by revenue authorities, directing eviction of the petitioners under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as 'the 1971 Act').

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Counsel for the petitioners submits that on the date of passing of the impugned order, the District Development and Panchayat Officer was not conferred with the power to entertain such a petition, the impugned order is without jurisdiction.

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Civil Writ Petition No.5486 of 2011 -2-

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Counsel for the Gram Panchayat as also counsel for the State of Punjab concede that on the relevant dates, the District Development and Panchayat Officer was not conferred with power to entertain petitions under the 1973 Act, as such power was conferred only on 04.11.2010. Counsel for the Gram Panchayat, however, prays that liberty may be granted to the Gram Panchayat to proceed afresh and in accordance with law.

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In view of what has been stated hereinabove, the writ petition is allowed and order dated 20.02.2006/30.04.2007 (Annexure P-10) are set aside, with liberty to the Gram Panchayat to proceed afresh and in accordance with law.

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(RAJIVE BHALLA) JUDGE

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(RAKESH KUMAR JAIN) JUDGE

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May 15, 2012 nt

Balwinder Kaur etc. v. State of Punjab etc.

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Balwinder Kaur etc. v. State of Punjab etc.

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