Civil Revision No.3137 of 2009(O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Civil Revision No.3137 of 2009(O&M) Date of Decision:-09.05.2011 Gram Panchayat. ......Petitioner. Versus Gursewak Singh & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Bhavyadeep Walia, Advocate for the Petitioner. Mr. Jagjit Singh, Advocate for Respondents no.1 & 2. Mr. Vijay Sharma, Advocate for respondents no.3 to 5. Mr. A.S. Grewal, Additional Advocate General, Punjab. *** JASWANT SINGH, J.(ORAL) C.M. No.12150-CII of 2011 Allowed as prayed for. C.M. No.12151-CII of 2011 Present application has been filed under Section 151 CPC for placing on record copy of the scheme of consolidation of village Jalalkhera as Annexure P-9. Civil Revision No.3137 of 2009(O&M) #2# CM allowed and Copy of scheme of consolidation of village Jalalkhera(Annexure P-9) is taken on record. C.R. No.3137 of 2009 Gram Panchayat has filed the present Revision Petition under Article 227 of the Constitution praying for setting aside the order dated 13.02.2009(P-1) passed by the learned Civil Judge(Senior Division), Patiala whereby their purported application under Order 1 Rule 10 CPC for being impleaded as a defendant has been dismissed. It is averred that respondents Gursewak Singh and Gurkirat Singh filed a suit for declaration to the effect that they/plaintiffs are tenants of the land belonging to Derra Sahi Samadhan, Patiala/defendant no.3 (respondent no.5 herein) on annual rent of Rs.5200/- for the land measuring 83 kanal 11 marlas fully described in the title of the plaint and further praying for permanent injunction restraining the defendants from interfering into their peaceful possession. It is admitted in the plaint that the land was owned by Derra but during the consolidation scheme prepared in the year 1960 the suit land was reserved for common purposes namely “Gau Charam” i.e. cattle grazing. In the application under Order 1 Rule 10 CPC, it was stated that the plaintiffs in collusion with the defendants filed the suit with a view to deprive the residents of the village the use of the common land meant for common purposes. Accordingly application was moved by two of the members of the Panchayat in their own capacity as well as on behalf of the Gram Panchayat for being impleaded as co-defendants to safeguard the interest of the residents of the village. During the proceedings before this Court, the State of Punjab Civil Revision No.3137 of 2009(O&M) #3# was also impleaded since it was given out that the land owned by the respondent no.5 Derra had been taken over by the State Government in public interest vide order dated 09/10.04.2008 till the new Mohatmim was appointed. This order of the government permitting the taking over the possession of the Derra was challenged by the Derra by filing CWP No.9690 of 2008 and the operation of the order dated 09/10.04.2008 was ordered to be stayed. The said writ petition has been admitted for regular hearing. Be that as it may, at the time of arguments learned Counsel for the respondent-Derra(respondent no.5) points out that the application for being impleaded was preferred by the applicant Amarjit Kaur, Uttam Singh members of the Panchayat and two other residents of the village namely Gurmail Singh and Charan Singh and further on behalf of the Gram Panchayat but without any resolution being appended with the application or any averment in the application to that effect authorising anybody to file the application for impleadment on behalf of the Gram Panchayat. He thus contends that the present revision petition has been filed impugning the order dated 13.02.2009 passed on the aforesaid application and, therefore, in the absence of any proper application by the Gram Panchayat for impleadment before the trial Court, the present revision on behalf of the Gram Panchayat is not maintainable. He, however, further submits that they have no objection if any such application is now filed before the trial Court which would be contested by the parties and decided in accordance with law. In face of such a situation, learned Counsel for the Gram Panchayat seeks permission to withdraw the revision petition with liberty to Civil Revision No.3137 of 2009(O&M) #4# file a proper application before the trial Court. Dismissed with the aforesaid liberty. ( JASWANT SINGH ) JUDGE May 09, 2011 Vinay