Challenging a notice restricting auction of shamlat deh land, the Court held no cause of action accrued and the petition was disposed of, directing parties to seek interim orders where pending civil litigation exists.
Writ petition disposed; parties to seek interim orders from the Court handling the pending civil litigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 16367 of 2008
Date of Decision: 22.7.2013
Gram Panchayat, Bajwara
... Petitioner
Versus
State of Punjab and Others
... Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh, Judge. Hon'ble Mr. Justice G.S.Sandhawalia, Judge.
Present: Mr. P.K.Gupta, Advocate for the petitioner.
Mr. K.K.Gupta, Additional Advocate General, Punjab, for respondents No.1 and 3.
Mr. Rupinder S. Khosla, Advocate for respondent No.2.
Jasbir Singh, Judge (Oral)
Part of the land falling within the jurisdiction of petitioner-Gram Panchayat was amalgamated within the municipal limits of Municipal Council, Hoshiarpur by issuing a notification on 4.9.1979 (Annexure P8). In this writ petition, challenge has been laid to a letter/notice dated 19.6.2008 (Annexure P7) written by the Executive Officer of the above said Municipal Council to the Block Development & Panchayat Officer. Hoshiarpur stating that part of the shamlat deh land, which is situated within the municipal limits be not put to auction by the Gram Panchayat. It is a fact that civil suit, filed by the Gram Panchayat, is pending consideration.
Bhardwaj Deepak Kumar 2013.08.05 14:01 I attest to the accuracy and integrity of this document High Court Chandigarh
Civil Writ Petition No. 16367 of 2008
2
As on today, no order has been passed by any competent authority, under the provisions of the Punjab Municipal Act, 1911, ordering transfer of shamlat deh land, existing in the name of Gram Panchayat, in the name of Municipal Council, Hoshiarpur.
When notice of motion was issued, the following order was passed by this Court on 4.10.2008:-
“Learned counsel for the petitioner has placed reliance on a decision rendered by a Division Bench of this Court in Mrs.Renuka Sekhon Vs. State of Punjab, 1999(2) PLR 58, and a judgment rendered by a Single Bench of this Court in Nahar Singh Vs. the Additional Director Consolidation of Holdings, 1993(1) Recent Revenue Reports, 19, so as to assert that, if a part of the property of the Gram Panchayat has been notified as falling within the municipal limit on account of extension thereof, then the ownership of the Gram Panchayat continues as earlier.
Learned counsel for the petitioner further states, that the impugned order dated 19.6.2008 (Annexure P-7) refers to the land which was earlier Shamlat deh, and as such, the Municipal Committee, Hoshiarpur, had no jurisdiction or authority in connection with the same.
Notice of motion for 28.1.2009.”
After hearing counsel for the parties, we are of the opinion that as on today, no cause of action has accrued to the petitioner. In the same manner, it is not open to the Municipal Council to stop auction of
Bhardwaj Deepak Kumar 2013.08.05 14:01 I attest to the accuracy and integrity of this document High Court Chandigarh
Civil Writ Petition No. 16367 of 2008
3
the land in dispute by the Gram Panchayat. If any directions are needed, both the parties can get interim order/clarification from the Court where civil litigation is pending. It is further stated before us that Municipal Corporation is also going to be created by amalgamating the Gram Sabha area of Gram Panchayat and other areas. If it happens in future, the law will take its own course.
With the observations made above, this writ petition stands disposed of.
(Jasbir Singh) Judge
(G.S.Sandhawalia) Judge
July 22, 2013 “DK”
Bhardwaj Deepak Kumar 2013.08.05 14:01 I attest to the accuracy and integrity of this document High Court Chandigarh
2 issues framed by the court
Whether a cause of action has accrued to the petitioner challenging the notice regarding shamlat deh land.
Whether the Municipal Council can stop the auction of land in dispute.
Colour shows how this judgement treated each authority
Renuka Sekhon Vs. State of PunjabReferred¶20
Mrs. Renuka Sekhon Vs. State of Punjab, 1999(2) PLR 58
Nahar Singh Vs. the Additional Director Consolidation of HoldingsReferred¶20
Nahar Singh Vs. the Additional Director Consolidation of Holdings, 1993(1) Recent Revenue Reports, 19
Gram Panchayat, Bajwara
State of Punjab
Jasbir Singh
G.S. Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
