IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.2096 of 2008 Date of Decision: March 16, 2009 Gram Panchayat, Wazidpur, District Patiala .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. H.S. Dhandi, Advocate, for the petitioner. Mr. Kamaldeep Singh Sidhu, Deputy Advocate General, Punjab, for respondent Nos.1 and 2. Mr. Kanwaljit Singh, Senior Advocate, with Mr. G.S. Ghuman, Advocate, for respondent No.3. Mrs. Jatinder Jit Kaur, Advocate. . . . AJAI LAMBA, J (Oral) When the matter was taken up on 21.1.2009, the following order had been passed:- “In this petition filed under Article 226/227 of the Constitution of India, challenge is to order dated 6.9.2006 (Annexure P-12). Gram Panchayat, Wazidpur, District Patiala, has approached this Court against bifurcation of the Gram Sabha into two i.e. Wazidpur and Saini Majra. Learned counsel for the petitioner contends that although vide Order, Annexure P-2, it has been considered that land measuring 38 bigha 2 biswa has gone to the share of petitioner (Gram Panchayat, Wazidpur) and land measuring 13 bigha 10 biswa has gone to the share of Gram Panchayat, Saini Manjra, infact, the land falling in Khasra Nos.400, 401, 402, 403, 405 and 406 has already been given to Dera Baba Braham Dass. In such facts and CWP No.2096 of 2008 [2] circumstances, infact, the petitioner cannot be held to be in possession of 38 bigha 2 biswa. Learned counsel for the petitioner has drawn the attention of the Court towards Order dated 24.7.2006, Annexure P-13 i.e. a decision taken by the Collector/ Divisional Deputy Director, Rural Development & Panchayats, Patiala on a petition filed under Section 11 of the Punjab Village Common Lands (Regulations) Act, 1961 (for short, `the Act of 1961’) for declaring the applicant as owner of land measuring 14 bigha 19 biswa falling in khasra numbers given out hereinabove. Learned counsel for the petitioner however has pointed out that an appeal has been filed against order dated 24.7.2006, Annexure P-13, before the Joint Development Commissioner, Punjab. The appeal is pending adjudication for 14.2.2009. Pleadings in the said case are complete and it is mature for arguments. Considering the totality of facts and circumstances, I find that on the one side, Secretary, Government of Punjab, Rural Development and Panchayat Department, has considered land falling in the khasra numbers given above, to be the property of Gram Panchayat whereas on the other side, an authority under the Act of 1961 has declared the land to be in the ownership of the Dera as is evident from Annexure P-13. Since the matter is pending adjudication before the appellate authority, it would not be appropriate for this Court at this juncture to say anything further in this matter. The appellate authority i.e. Commissioner, Department of Panchayats, under the Act of 1961, is directed to take into account the totality of facts and circumstances and thereafter take a decision preferably on the next date of hearing i.e. 14.2.2009 or in any case, before 2.3.2009. The order passed by the Commissioner would be placed on record of this case. This matter is adjourned to 16.3.2009.” Learned counsel for the petitioner has informed the Court that the Commissioner, Department of Panchayats, has taken a decision on 27.2.2009. Learned counsel for the parties pray for the matter to be disposed of in view of the fact that decision would have to be taken by the Secretary, Government of Punjab, Rural Development & Panchayat Department. CWP No.2096 of 2008 [3] The petition is disposed of to enable the Secretary, Government of Punjab, Rural Development & Panchayat Department, to deal with the issue, after taking into consideration the order passed by the Commissioner. The Secretary would be required to take decision by 17.8.2009. It is made clear that all the effected parties would be heard by the Secretary. (AJAI LAMBA) March 16, 2009 JUDGE avin