CWP No.10895 of 2011.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10895 of 2011 (O&M) Date of Decision: 17.08.2011 **** Kuldeep Singh . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. NPS Mann, Advocate for the petitioner Mr. BS Chahal, DAG Punjab Mr. Malkeet Singh, Advocate for respondents No.5&6 Mr. GK Hundal, Advocate for respondent No.7 **** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct respondents No.1 to 5 to take action against respondent No.7 who is alleged to be in illegal occupation of the shamlat land comprising Khasra No.229 which is reserved for the common purposes. The allegations of the petitioner, in sum and substance are that the Sarpanch of the Gram Panchayat namely respondent No.6 is colluding with respondent No.7 and is said to have made a statement in his favour before the Additional Civil Judge (Senior Division), Garhshankar in a Civil Suit on 25.04.2011 on CWP No.10895 of 2011.doc - 2 - the basis of some ‘compromise’ and pursuant thereto, respondent No.7 has withdrawn the civil suit. (2). The official respondents No.1 to 4 have filed their reply/affidavit explaining that an ejectment application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short, ‘the 1961 Act’), has already been filed in the Court of District Development and Panchayat Officer-cum-Collector, Hoshiarpur, who vide letter dated 10.08.2011 has recommended action against the Sarpanch of the Gram Panchayat for making statement in favour of respondent NO.7 before the Civil Court. (3). Respondent No.7 has filed his reply today stating that the land in dispute is in fact in possession of the Gram Panchayat and that a temple has been raised for the Adharmi community i.e. it has been utilized for common purposes only. (4). Having heard learned counsel for the parties and after going through the record, I am of the considered view that prima facie the Civil Court has got no jurisdiction in a matter pertaining to shamlat land governed by the special legislation, namely, the 1961 Act. Since the Panchayat Officer has already taken action on behalf of the Gram Panchayat by filing an ejectment petition under Section 7 of the 1961 Act, the DDPO-cum- CWP No.10895 of 2011.doc - 3 - Collector, Hoshiarpur is directed to expedite the disposal of that eviction petition as early as possible and preferably within six months from the date of receipt of a certified copy of this order. In case it is found that the land ‘reserved’ or ‘earmarked’ for common purposes has been encroached upon/misused by anyone, the Collector shall take appropriate action against such unauthorized occupant(s) in accordance with law. It is made clear that the consent order, if any, passed by the Civil Court shall have no bearing and the Collector shall proceed in the matter uninfluenced of the Civil Court order. (5). It is directed that henceforth no construction whatsoever shall be raised on Khasra No.229. (6). Ordered accordingly. Dasti. 17.08.2011 vishal shonkar (S u r y a K a n t) Judge