CWP No. 14308 of 1993 1 In the High Court of Punjab and Haryana at Chandigarh CWP No.14308 of 1993 Date of decision:July 13,2011 Hazara Singh etc...........................................................Petitioners versus Joint Director, Panchayats, Punjab, Chandigarh etc ................................................................................Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Jitender Singla, Advocate for the petitioners. Mr.R.S.Rawat, Assistant Advocate General, Punjab for respondents No. 1 and 2. None for respondents No. 3 and 4. --- SABINA,J. Petitioners have filed this petition under Article 226 of the Constitution for issuance of a writ in the nature of certiorari for quashing of the impugned order passed by the Joint Director Panchayats, Punjab(Exercising the powers of Commissioner) dated 19.2.1985 (Annexure P5). An application under Section 7(2) of the Punjab Village Common Land (Regulation) Act, 1961 (hereinafter referred to as `the Act') was moved by the Gram Panchayat for eviction of the CWP No. 14308 of 1993 2 petitioners. In response to the said application, petitioners filed their written statement stating therein that the land in dispute had been allotted to them during consolidation vide order dated 26.8.1965. Mutation was duly sanctioned in favour of the petitioners. The District Development and Panchayat Officer, Sangrur (Exercising powers of Collector) vide order dated 31.5.1982 (Anneuxre P4) dismissed the application filed by the Gram Panchayat on the ground that the Gram Panchayat had failed to substantiate its claim on the suit land and had only placed reliance on entries in the jamabandi for the year 1972-73. The Gram Panchayat had been unable to rebut the order passed by the Consolidation Officer, Malerkotla dated 26.8.1965. In the jamabandi for the year 1961-62, (Annexure P16), the land in dispute was shown as Jumla Mushtarka Malkan. Aggrieved against the order dated 31.5.1982 (Annexure P4), Gram Panchayat filed an appeal and the same was allowed vide impugned order dated 19.2.1985 (Annexure P5). The Joint Director, Panchayats relying upon the jamabandi for the year 1972-73 and 1967-68 held that the suit land belongs to the Gram Panchayat and the respondents were in an unauthorized occupation of the same. The case of the petitioners was that, in fact, the land had been allotted to them during consolidation proceedings vide order dated 26.8.1965 and mutation had been sanctioned in their favour. Learned counsel for the petitioners has submitted that the Joint Director, Panchayats had passed the impugned order without deciding as to whether the land in dispute was shamlat deh or not as on 9.1.1954 and was being used for common purposes. Learned CWP No. 14308 of 1993 3 counsel has also submitted that the case be remanded back to the Joint Director, Panchayats for deciding the matter afresh in accordance with law. Moreover, no reasons have been given by the Joint Director, Panchayats, for setting aside the order passed by the District Development and Panchayat Officer. The order dated 26.8.1965 passed by the Consolidation Officer qua allotment of the land to the petitioners was also not considered. The order dated 26.8.1965 had never been challenged. After hearing the learned counsel for the petitioners, I am of the opinion that the instant petition deserves to be allowed. Accordingly, this petition is allowed. The impugned order dated 19.2.1985 (Annexure P5) is set aside. The case is remanded back to the Joint Director, Panchayats for deciding it afresh in accordance with law. ( Sabina ) Judge July 13,2011 arya