Disposed

Chamkaur Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC1 Jul 2021CWP/11244/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition wherein petitioners complained that a gram panchayat was attempting to change the use of land marked as 'gair mumkin roorhi'. The Court directed the Director, Rural Development and Panchayats to consider a representation filed by the petitioners within four weeks.

What did the court decide?

Director, Rural Development and Panchayats, Punjab directed to consider the petitioners' representation and decide within four weeks.

Chamkaur Singh and Ors. Vs State of Punjab and Ors. — Punjab & Haryana HC (2021) — LawSathi Research

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CWP-11244 of 2021

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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(PROCEEDINGS THROUGH V.C.)

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CWP-11244 of 2021 Date of Decision: 01.07.2021

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Chamkaur Singh and others

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...Petitioners

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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 AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

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Present:- Mr. Manish Kumar Singla, Advocate, for the petitioners. Mr. Avinit Avasthi, AAG, Punjab.

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AUGUSTINE GEORGE MASIH, J. (ORAL)

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Petitioners have approached this Court with a grievance that khasra No.460 (0-5) is specifically stated to be gair mumkin roorhi . The said land does not vest in the gram panchayat and therefore this land cannot be used for any other purpose by the gram panchayat. There is no permission also sought for by the gram panchayat for the change of land use. Highlighting this aspect because of the illegal steps taken by the sarpanch of the village gram panchayat, petitioners have submitted a representation dated 16.06.2021 (Annexure P-2) to the Director, Rural Development and Panchayats, Punjab at Mohali – respondent No.2. Counsel has further informed the Court that in ordinary post register, diary No.3022 dated 28.06.2021 has been assigned to the said letter/representation. Counsel states that the nature of the land is being changed by the gram panchayat and in case no decision is taken on the

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RAVINDER SINGH 2021.07.01 12:54 I attest to the accuracy and integrity of this document

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-2-

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CWP-11244 of 2021

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application, which has been submitted by the petitioners, the very purpose for which the said application has been filed would be rendered infructuous and therefore prays that the said representation/application be decided at an early date.

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Counsel for the State, who is present, on the asking of the Court appears on behalf of respondents No.1 to 3.

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Keeping in view the prayer made by the counsel for the petitioners as also the grievance which has been highlighted in the writ petition as well as the representation dated 16.06.2021 (Annexure P-2), without commenting upon the merits of the case, we dispose of the present writ petition by directing the Director, Rural Development and Panchayats, Punjab at Mohali – respondent No.2 to consider and decide the representation referred to above within a period of four weeks. Decision so taken be conveyed to the petitioners forthwith. It is made clear that in case no decision is taken thereon within the time as stipulated above, the Director would be personally responsible for the delay.

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(Augustine George Masih) Judge

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July 01, 2021 R.S.

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(Ashok Kumar Verma) Judge

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RAVINDER SINGH 2021.07.01 12:54 I attest to the accuracy and integrity of this document

Chamkaur Singh and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

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Chamkaur Singh and Ors. v. State of Punjab and Ors.

Case brief

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What did the court decide?

What the court decided

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