Disposed

Jain Muni Shri Bimal Chand High School v. Gram Panchayat, Kup Kalan

Punjab & Haryana HC6 Feb 2013CWP/2593/2013

Case brief

AI extract

What is this about?

The High Court directed the petitioner to file an appeal under Section 11(2) of the Punjab Village Common Lands (Regulation) Act, 1961 against interim orders instead of seeking a writ. The court held that 'orders' include interim ones affecting rights.

What did the court decide?

Directing parties to approach the appellate authority under Section 11(2) of the Act instead of seeking a writ.

Jain Muni Shri Bimal Chand High School Vs Gram… — Land Acquisition | Punjab & Haryana HC (2013)

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CWP No.2593 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.2593 of 2013 Date of decision: 06.02.2013

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Jain Muni Shri Bimal Chand High School

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..... Petitioner

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VERSUS

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Gram Panchayat Village Kup Kalan and another

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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.Arihant Jain, Advocate, for the petitioner.

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RAJIVE BHALLA, J.(ORAL)

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The petitioner prays for issuance of a writ of certiorari, quashing orders dated 10.01.2013 and 24.01.2013.

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Counsel for the petitioner submits that the petitioner's evidence has been closed by order and his application for summoning record has been dismissed arbitrarily and without assigning any reason. Notice of motion.

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Mr.H.S.Brar, Advocate, for the caveator-respondent No.1, submits that the petitioner should have approached the appellate authority under Section 11(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the “1961 Act”) by filing an appeal and, therefore, the writ petition should be dismissed in limine.

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We have heard counsel for the parties and perused the

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CWP No.2593 of 2013

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impugned orders.

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The petitioner's grievance relates to interim orders passed by the Collector, exercising power under Section 11(1) of the 1961 Act. Section 11(2) of the 1961 Act enables a party aggrieved by “an order” passed by the Collector under Section 11(1) of the 1961 Act to file an appeal. The words “an order” would in our considered opinion include interim orders that adversely affect the rights of parties. Section 11 of the 1961 Act does not indicate that legislature intended to confine the meaning of the words “an order” to a final order alone and would, therefore, take within their ambit interim orders that affect the rights of parties.

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In this view of the matter, the petitioner is relegated to its remedy of filing an appeal before the Director, Rural Development and Panchayats, Punjab.

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In case, such an appeal is filed, it shall be considered and decided expeditiously preferably within two months.

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A copy of this order be given dasti .

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[ RAJIVE BHALLA ] JUDGE

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[ REKHA MITTAL ] JUDGE

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06.02.2013 shamsher

Jain Muni Shri Bimal Chand High School v. Gram Panchayat, Kup Kalan

Case brief

What is this about?

What did the court decide?

Jain Muni Shri Bimal Chand High School v. Gram Panchayat, Kup Kalan

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

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