HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.12614 of 2011 (O&M) Date of Decision: 20.07.2011 **** Punjab Singh & Ors. . . . . Petitioners VS. Director, Rural Development & Panchayats, Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Ms. Naiya Gill, Advocate; Mr. Puneet Kumar Bansal, Advocate for the petitioners ***** SURYA KANT, J. (ORAL) (1). This order shall dispose of CWP Nos.12614 & 12655 of 2011 being of similar nature. For brevity, the facts are being extracted from CWP No.12614 of 2011. (2). The petitioners are stated to be in unauthorized possession of the agricultural land measuring more than 140 kanals allegedly owned by the Gram Panchayat. The eviction order has been passed against them by the Collector under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961. The petitioners have preferred an appeal and pending the same the Appellate Authority has declined to grant stay after observing that no document could be produced by the petitioners to show CWP No.12614 of 2011.doc - 2 – that they have a right on the land namely that they or their predecessors were in cultivating possession on the cut off date i.e. 26.1.1950. (3). Resultantly, the warrant of possession has been issued, prompting the petitioners to approach this Court. (4). Having heard learned counsel for the petitioners and keeping in view the fact that in the event of their dispossession, the appeal is likely to be rendered infructuous but at the same time in view of the eviction order passed by the Collector and the observations made by the appellate authority, I deem it appropriate to dispose of this writ petition with a direction that in case the petitioners deposit a sum of Rs.10000/- per acre for the year 2010-11 with the concerned Gram Panchayat before 31st July, 2011 though without prejudice to their legal rights, their dispossession to the extent of the land they shall deposit the above-stated amount, shall remain stayed. (5). Respondent No.1 – Appellate Authority, however, shall make an endeavour to decide the appeal preferred by the petitioner(s) at the earliest and preferably within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. CWP No.12614 of 2011.doc - 3 – 20.07.2011 vishal shonkar (S u r y a K a n t) Judge