CWP No.11667 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.11667 of 2008 Date of Decision: 9.8.2010 Kamaljit Kaur and others .....Petitioners Vs. Director, Rural Development and Panchayats,Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Vinod Sharma, Advocate for the petitioners. Mr. C.S. Brar, DAG, Punjab, for respondents no.1 and 2. Mr. Nakul Sharma, Advocate for respondent no.3. .... RAJIVE BHALLA, J The petitioners pray for issuance of a writ in the nature of Certiorari for quashing order dated 11.1.2008, passed by the Director, Rural Development and Panchayats, Punjab, (exercising the powers of the Commissioner). On 9.9.2004 Gram Panchayat filed a petition before the District Development and Panchayat Officer, Jalandhar, exercising the powers of the Collector under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as `the Act'), praying for grant of a permanent injunction to restrain the petitioners, their agents, workers from encroaching, obstructing or interfering in the peaceful possession of panchayat property and forcibly dispossessing the Gram CWP No.11667 of 2008 2 Panchayat from land measuring 3 kanals 0 marlas in Khewat No.58, Khatauni 87, Khasra no.26(17-14). In response, the petitioners pleaded that the land in dispute is abadi deh, in their possession and, therefore, does not vest in the Gram Panchayat. It was further pleaded that the District Development and Panchayat Officer-cum-Collector has no jurisdiction to entertain such a petition under Section 7 of the Act. The District Development and Panchayat Officer-cum- Collector, Jalandhar, dismissed the petition. Aggrieved by this order, the Gram Panchayat filed an appeal. The Director accepted the appeal and after holding that the land belongs to the Gram Panchayat, restrained the petitioners from taking possession of the land in dispute. Counsel for the petitioners submits that Section 7 of the Act enables a Gram Panchayat to pray for eviction of an unauthorised occupant, but does not entitle a Gram Panchayat or empower the Director to entertain a prayer for permanent injunction to restrain any person from taking possession. It is argued that in view of this fundamental error in the order passed by the appellate authority, the writ petition should be allowed. Counsel for the Gram Panchayat, on the other hand, submits that the land is vacant and though situated within abadi deh, vests in the Gram Panchayat. The Gram Panchayat is, therefore, entitled to approach the Collector to seek an injunction against an attempt to occupy its land. I have heard counsel for the parties and perused the impugned order. Section 7 of the Act reads as follows : “Power to put Panchayat in possession of shamilat deh The Collector shall, on an application made to him by a CWP No.11667 of 2008 3 panchayat, or by an officer, duly authorised in this behalf by the State Government by a general or special order, after making such enquiry, as he may think fit and in accordance with such procedure as may be prescribed put the panchayat in possession of the land or other immovable property in the shamilat deh of that village which vests or is deemed to have been vested in it under this Act and for so doing the collector may exercise the powers of a revenue court in relation to the execution of a decree for possession of land under the Punjab Tenancy Act, 1887: Provided that if after receipt of the application and before the Panchayat is put in possession of the land or other immovable property in the shamilat deh, a question of right, title or interest in such land or property is raised by any person and a prima facie case is made out in support thereof, the Collector shall direct the person who has raised such question to submit his claim under section 11 and till the question is so determined, the application shall remain pending: Provided further that if the person, who has raised the question of right, title or interest, fails to submit his claim under section 11 within the time prescribed under that section, the Collector shall presume that no question of right, title or interest is involved and shall proceed further to put the Panchayat in possession of the land or CWP No.11667 of 2008 4 other immovable property in the shamilat deh. (2) An appeal against the order of the Collector under sub-section (1) shall lie to the Commissioner and the period of limitation for such an appeal shall be sixty days from the date of the order appealed against. Section 7 of the Act, sets out the procedure for putting a panchayat in possession of shamilat deh but does not confer jurisdiction upon a Collector to issue a prohibitory injunction restraining a party from interfering in the possession of the Gram Panchayat. The appellate authority had no jurisdiction to accept the appeal and issue an injunction against the petitioners. A Gram Panchayat, threatened by illegal or unauthorised occupation of its land may file a suit before a civil court, to protect its possession against an apprehended breach of its possessory rights. Quasi judicial authorities are creations of a statute and bound by the limits of the jurisdiction assigned to them. In view of what has been stated herein above, the writ petition is allowed, the order dated 11.1.2008 is set aside, leaving it open to the Gram Panchayat, to seek its remedy in accordance with law. 9.8.2010 (RAJIVE BHALLA) GS JUDGE