IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 16599 of 2009 Date of Decision : October 30, 2009 Kartar Singh ....Petitioner Versus The State of Haryana and others .....Respondents Present : Mr. Ashwani Verma, Advocate for the petitioner. S.S.SARON, J. The grievance of the petitioner in this writ petition filed under Articles 226/227 of the Constitution of India is that Jai Dada Shyam Samunder Dass Samiti, village Chhara District Jhajjar, (respondent No.6) is in illegal occupation of Gram Panchayat land measuring 48 bighas and 19 biswas comprised in khasra No.1864, as per jamabandi for the year 1951-52 (Annexure P-1). It is submitted that an application dated 23.7.2009 (Annexure P-11)was sent to the Assistant Collector-cum-District Development and Panchayat Officer, Jhajjar (respondent No.4), by speed post, however, he refused to accept the same. Therefore, it is prayed that a mandamus be issued to the District Development and Panchayat Officer-cum- Assistant Collector, Jhajjar (respondent No.4) to initiate proceedings against respondent No.6-Samiti under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable in Haryana) (“Act' for short). After giving my thoughtful consideration to the matter, it may be noticed that Section 7 of the Act provides for power to put Panchayats in CWP No. 16599 of 2009 -2- possession of certain lands. It is provided that an Assistant Collector of the Ist Grade having jurisdiction in the village may, either suo motu or on an application made to him by a Panchayat or an inhabitant of the village etc. after making such summary enquiry as he may deem fit and in accordance with such procedure as may be prescribed, eject any person who is in wrongful or unauthorised possession of the land or other immovable property in the shamlat deh of that village which vests or is deemed to have been vested in the Panchayat under the Act and put the Panchayat in possession thereof. The power to put Panchayat in possession of shamlat deh land is to be exercised after making such summary enquiry as may be deemed fit and in accordance with law as may be prescribed. Besides, the person in wrongful or unauthorized possession of Panchayat land or other immovable property of shamlat deh of that village is liable to be ejected and the Panchayat put in possession. It is also provided that for so doing the Assistant Collector of the first grade 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. Therefore, it is expected that proceedings under Section 7 of the Act are to be initiated in accordance with such procedure as may be prescribed, on an application by arraigning proper parties as petitioner and respondents and filing the same before the Court of Assistant Collector Ist Grade. The question whether any application has been sent through speed post letter and whether the same has been refused is not to be determined by this Court in exercise of its supervisory writ jurisdiction. The petitioner is liable to file an application seeking ejectment of the alleged unauthorised occupant of the CWP No. 16599 of 2009 -3- shamlat deh land or Panchayat land in a proper form and a letter said to have been sent by speed post cannot in any case said to be proper. In the circumstances, the petitioner is at liberty to avail the remedy of approaching the Assistant Collector-cum-District Development and Panchayat Officer, Jhajjar(respondent No.4) by making an application in an appropriate manner. It is needless to submit that if such an application is filed, the Assistant Collector-cum-District Development and Panchayat Officer, Jhajjar (respondent No.4) would consider and entertain the same in accordance with law. The writ petition is, accordingly, disposed of. ( S.S.SARON) October 30, 2009 JUDGE ajay-1