CWP No.9025 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.9025 of 2009 Date of Decision: 29.1.2010 Gram Panchayat, Thurana .....Petitioner Vs. The Commissioner, Hisar Division, Hisar and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Mahavir Sandhu, Advocate for the petitioner. Mr. Rameshwar Malik, Addl.A.G. Haryana for respondents no.1 to 3. .... RAJIVE BHALLA, J (Oral) Prayer in this petition is to issue a writ in the nature of Certiorari for quashing the order dated 25.2.2009, passed by the Commissioner, Hisar Division, Hisar, insofar as it directs the panchayat to pass a resolution to sell the land in dispute to the private respondent, in accordance with the provisions of Rule 12(4) of the Punjab Village Common Lands Amended Rules, 2008, hereinafter referred to as `the Rules'. Counsel for the petitioner submits that the Assistant Collector, Ist Grade, Hansi, the Collector, Hisar and the Commissioner, Hisar Division, Hisar, have ordered the ejectment of respondent no.4 after holding that he is in unauthorised possession of panchayat property. The CWP No.9025 of 2009 2 Commissioner, however, while dismissing the revision, filed by respondent no.4, has directed the Gram Panchayat, to pass a resolution selling the land to respondent no.4, in accordance with the provisions of Rule 12(4) of the Rules. It is argued that the Commissioner has no jurisdiction to issue such a direction. The panchayat a duly elected body, is entitled to take its own decisions, in accordance with the provisions of the Act and Rules. Counsel for the State of Haryana, states that he has no instructions to either defend or oppose the case. Despite service, no one has put in appearance on behalf of respondent no.4. I have heard learned counsel for the petitioner and perused the order dated 25.2.2009, passed by the Commissioner, Hisar Division, Hisar. As referred to herein above, the Assistant Collector, Ist Grade, Hansi, found respondent no.4 in unauthorised possession of panchayat property and ordered his ejectment. The order passed by the Assistant Collector, Ist Grade, Hansi, has been affirmed in appeal and in revision. However, while dismissing the revision, the Commissioner, Hisar Division, Hisar, passed an order which reads as follows :- “Therefore, it is ordered that under the said rule if the petitioner fulfills the conditions of purchase of the land laid down therein, then with proof within a period of three weeks from the passing of this order, shall move an application before the Gram Panchayat with copy to Deputy Commissioner and Block Development and Panchayat Officer for the purchase of the land and thereafter the Gram Panchayat keeping in view the CWP No.9025 of 2009 3 provisions of aforesaid rule 12(4) and natural justice will pass a resolution to sell the land in dispute to the petitioner and as per the instructions issued vide letter No.39836-856 dated 23.10.2008 by the Department of Development and Panchayat, after taking the decision from the Govt. regarding the sale of the land, the Gram Panchayat shall initiate the further necessary proceeding in this regard.” A perusal of the order discloses that the Commissioner has directed the Gram Panchayat, to pass a resolution selling its land to respondent no.4. It is no part of the Commissioner's jurisdiction to direct the panchayat to sell its land to respondent no.4. A panchayat, an independent elected body, is required to take its decisions independently and in accordance with law. The provisions of the Punjab Village Common Lands (Regulation) Act, 1961 and the Rules framed thereunder do not vest any jurisdiction with the Commissioner to issue any such direction. In this view of the matter, the writ petition is allowed. The order dated 25.2.2009 is set aside, insofar as it directs the Gram Panchayat to pass a resolution, selling its land to respondent no.4. This order shall, however, not prevent respondent no.4 from seeking his remedy in accordance with law. 29.1.2010 (RAJIVE BHALLA) GS JUDGE