Letters Patent Appeal No.249 of 2011 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No.249 of 2011 Date of decision: 9.8.2011 Suresh Kumar ...Appellant Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. N.P.S.Mann, Advocate for the appellant. Mr. Rupinder Khosla, Addl. Advocate General, Punjab for respondents No.1 to 4. Mr. R.S.Dhaliwal, Advocate for respondent no.5. ADARSH KUMAR GOEL, ACJ. This appeal has been preferred against the order of learned Single Judge quashing order Annexure P-8 passed by the Secretary to Government of Punjab upholding the order passed by the Director, Rural Development and Panchayat dated 20.5.2010 whereby private respondent Suresh Kumar was removed from the post of Sarpanch on the ground of being illegal possession of the common land. Learned Single Judge held that as per revenue record nobody was in illegal possession as the land in Khasra No.142 is owned by Mihan Singh father of the private respondent. The matter was directed to be re- examined by the Director, Rural Development and Panchayat after affording opportunity to the parties. We have heard learned counsel for the parties. Learned counsel for the appellant submits that the private Letters Patent Appeal No.249 of 2011 -2- **** respondent was in illegal possession of passage and learned Single Judge erred in recording a finding to the contrary. We are of the view that the matter has only been remanded for a fresh decision and the appellant will have liberty to put forward his view point before the Director. We, thus, do not find any ground to interfere with the impugned order. It is, however, made clear that any observation in the impugned order will not be treated as conclusive and the Director will be at liberty to take decision on merits in the light of the material before him. The parties may appear before the Director for further proceedings on September 05, 2011. The Director may take decision in the matter within one month from the said date. In the meantime, status quo will continue as to the incumbent on the post of the Sarpanch. (Adarsh Kumar Goel) Acting Chief Justice August 09, 2011 (Ajay Kumar Mittal) Pka Judge