Dismissed

M/S Armstrong Rubber Pvt. Ltd. v. State of Punjab and Ors.

Punjab & Haryana HC10 May 2012CWP/7263/2012

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition seeking to quash an order dismissing a special application herein. The Court held the Collector correctly dismissed the plea that the land petition was not maintainable despite land not being transferred strictly under the 1961 Act.

What did the court decide?

The writ petition seeking quashing of the impugned order is dismissed.

M/S Armstrong Rubber Pvt. Ltd. Vs State of… — Property and Title | Punjab & Haryana HC (2012)

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Civil Writ Petition No.7263 of 2012 -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.7263 of 2012 Date of Order: 10.05.2012

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M/s Armstrong Rubber Pvt. Ltd. Humbran, Tehsil and District Ludhiana.

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...Petitioner

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Versus

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State of Punjab and others.

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..Respondents

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CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

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Present: Mr. M.L.Saggar, Sr. Advocate with Mr. G.P.Vashisht, Advocate for the petitioner

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RAJIVE BHALLA, J.

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The petitioner prays for issuance of a writ of certiorari

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quashing order dated 22.03.2012 (Annexure P-4), passed by the Additional Deputy Commissioner (Development )-cum-Collector, Ludhiana.

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Counsel for the petitioner submits that as the land in dispute was transferred by the Gram Panchayat, pursuant to a valid exchange, the learned Collector has committed an error in dismissing the application, filed under Order 7 Rule 11 of the Code of Civil Procedure by the petitioner, for dismissal of the

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Civil Writ Petition No.7263 of 2012 -2-

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petition, filed under Section 7 and 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act') by the Gram Panchayat. Counsel for the petitioner contends that the land in dispute measuring 7.30 acres was transferred to the petitioner vide sale deed dated 26.09.1984, executed by the Gram Panchayat after receiving a sum of Rs.2,60,610/-. The said sale was brought to the notice of the then Deputy Commissioner, Ludhiana, in a meeting held on 23.04.1985. The Deputy Commissioner, Ludhiana, directed the revenue and panchayat officials to look into the matter. The land was, thereafter, exchanged with “Banjar” land belonging to the Gram Panchayat. The Gram Panchayat, therefore, has no right to file a petition under Section 7 read with Section 11 of the Act and as a consequence, the learned Collector has committed an error in dismissing the application filed by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure.

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We have heard counsel for the petitioner and perused the impugned order.

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A Gram Panchayat may sell/exchange its land in accordance with the procedure prescribed by the 1961 Act and the Punjab Village Common Lands (Regulation) Rules, 1964. It appears that neither provisions of the 1961 Act nor the Rules were followed while transferring the land to the petitioner. As a consequence, the Gram Panchayat is well within its right to file a

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Civil Writ Petition No.7263 of 2012 -3-

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petition under Section 7 read with Section 11 of the Act to establish its title. The petitioner's plea that the petition is not maintainable and should, therefore, be rejected in accordance with principles laid down under Order 7 Rule 11 of the Code of Civil Procedure, in our considered opinion, is misconceived and was, therefore, rightly rejected by the Collector.

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In view of what has been stated hereinabove, the writ petition is dismissed. However, any opinion as to the rights of the parties shall be disregarded by the Collector, while deciding the petition filed by the Gram Panchayat.

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(RAJIVE BHALLA) JUDGE

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May 10, 2012 (RAKESH KUMAR JAIN) nt JUDGE

M/S Armstrong Rubber Pvt. Ltd. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

M/S Armstrong Rubber Pvt. Ltd. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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