CWP No.5936 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5936 of 2009 Date of decision: 08.09.2010 Joginder Singh and others ..... Petitioners Versus State of Haryana through Commissioner and Secretary to Government of Haryana, Department of Development and Panchayats, Haryana Civil Secretariat, Chandigarh and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.K.S.Sidhu, Senior Advocate with Mr.Arvind Singh, Advocate for the petitioners. Mr.D.Khanna, Addl.A.G., Haryana for respondents no.1 to 4. Mr.R.S.Mamli, Advocate for respondent no.5. ***** RAJIVE BHALLA, J.(ORAL) This order shall dispose of CWP Nos.5936, 5948 and 6019 of 2009 as common questions of law arise for consideration. For the sake of convenience, facts are being taken from CWP No.5936 of 2009. The petitioners pray for issuance of a writ in the nature of certiorari for quashing the orders dated 30.07.2008, 11.09.2008 and 28.11.2008, passed by the Assistant Collector, Ist Grade-cum-District Development and Panchayat Officer, Ambala, the District Collector, Ambala and the Commissioner, Ambala Division, Ambala, respectively. Counsel for the parties are ad idem that as the Gram Panchayat has not proved the lease deed and the patta register etc. and as the petitioners may have raised a credible question of title, the matter be remitted to the Assistant Collector, Ist Grade-cum-District Development and CWP No.5936 of 2009 -2- Panchayat Officer, Ambala, to decide the petition filed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, afresh and in accordance with law. In view of the statements made by counsel for the petitioner and counsel for the Gram Panchayat, on specific instructions received from Mr.Balwinder Singh, Sarpanch, who is present in court, the writ petition is allowed, the orders dated 30.07.2008, 11.09.2008 and 28.11.2008 are set aside and the matter is remitted to the Assistant Collector Ist Grade-cum- District Development and Panchayat Officer, Ambala, to decide the matter afresh and in accordance with law. Parties would be at liberty to call upon the Assistant Collector, Ist Grade, to consider whether any question of title arises for adjudication and to lead additional evidence. Parties are directed to appear before the Assistant Collector Ist Grade-cum-District Development and Panchayat Officer, Ambala, on 30.10.2010, who shall decide the matter within four months from receipt of a certified copy of this order. No order as to costs. 08.09.2010 [ RAJIVE BHALLA ] shamsher JUDGE