IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.998 of 2010(O&M) Date of decision: 9.12.2010 Kamaljit and others …..Appellants versus State of Punjab and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Harinder Kumar Aurora, Advocate for the appellants Jasbir Singh, J. (Oral) CM Nos.2982 and 2983 of 2010 In view of reasons given in these applications, the same are allowed and 87 days delay in re-filing and 245 days delay in filing the appeal stands condoned. LPA No.998 of 2010 This appeal has been filed against an order passed by the learned Single Judge on 15.4.2009, dismissing CWP No.13507 of 2006, filed by the appellants-petitioners. Before the learned Single Judge, it was case of the appellants that they are landless members of the weaker section of the society and the small plots/houses allotted to them were wrongly canceled by the Collector vide order dated 14.6.2004. It was their prayer to quash that order. LPA No.998 of 2010(O&M) We have gone through the order passed by the Collector on 14.6.2004, relevant portion of which, reads thus:- “The arguments of both the counsels have been heard. After carefully going through the documents and the statements of the witnesses I have come to the conclusion that as per the resolution dated 20.9.1997, out of 32 applicants, the names of 13 persons were approved for the allotment of the houses of the colonies and the names of the petitioners were also approved. In June, 1998, the Panchayat Elections were held and the Panchayat had changed. When the new Panchayat came, the construction of 14 houses of the colonies had already been completed. The new Sarpanch removed the names of five persons including the petitioners from the list of 13 members which was approved vide resolution dated 20.9.1997 and included the names of 6 persons by preparing a new list. Therefore the new Sarpanch, by preparing a list of these 14 persons, got allotted the houses and also got issued the “Sanads” to these persons from the Sub Divisional Magistrate, Hoshiarpur and passed the resolution dated 2.3.1999 thereafter to complete the proceedings of the Panchayat whereas the Sanads were issued on 5.12.1998. As per the summoned record (Ex.A-1) produced by Sh.Navdeep Singh, Clerk (AW-1), Sh.Rajwinder Pal Singh son of Santokh Singh was given the job of a Ward Servant on 21.12.1998. But the new Sarpanch has wrongly included his name in his resolution dated 2.3.1999. Therefore, this person is not entitled to a house of the colony. Respondent No.4 Smt.Raj 2 LPA No.998 of 2010(O&M) Rani had herself admitted that she has two plots. There is a residential house on the one plot. Therefore, this respondent is also not entitled to a house of the colony. The respondent No.7 Shri Surjit Pal has a Pacca residential house and he also has a telephone connection. Therefore, this respondents is also not entitled to house of the colony. Besides this, the petitioner has started in his petition and in his statement that the respondents Hardev Raj, Kamaljit Singh, Paramjit, Resham Lal also own houses. These respondents have not produced any evidence in their defence. Therefore, these respondents are also not entitled to any house. From this, it is clear that the new Sarpanch has wrongly got allotted the houses to the new persons with their connivance. The earlier resolution was never cancelled by any Panchayat. Therefore, the petition of the petitioners is allowed and the respondents are directed to hand over the vacant possession of the disputed houses of the colonies within 30 days. The Sarpanch of village Fatoowal is further directed to give the possession of the disputed houses to the petitioners and other houses to the eligible persons in accordance with law. If the respondents do not vacate these houses, then the houses of the colony will be got vacated with the help of the police. File be consigned to the record room (Revenue).” It is not in dispute that initially, as per Policy of the State Government, the Gram Panchayat of village Fattowal, tehsil and district Hoshiarpur, vide resolution dated 20.9.1997, recommended names of 13 persons for allotment of houses. Before actual allotment could be made, 3 LPA No.998 of 2010(O&M) election to the Gram Panchayat took place in the month of July 1998. By that time, construction of 14 houses in the colony was complete. The new Sarpanch without any justification and also without getting the first resolution annulled from the competent authority, removed names of five persons from the previously approved list and included names of the appellants in the list of eligible persons for allotment of these houses. Thereafter, Sanad allotment was issued in favour of the appellants etc.. We are of the opinion that action of the Gram Panchayat was not as per law. There is nothing on record to show that the previous list was ever objected to by any of the residents. There is no evidence on record to show under what circumstances and how the new list was prepared and furthermore, how eligibility of the new entrants, in the list, was determined. It has come on record that out of the individuals included afterwards in the list, one Rajwinder Pal Singh was in government service, Smt.Raj Rani had house and one plot, Surjit Pal also had pacca house. The appellants have failed to produce any evidence before us that they do not own any other residential house in the village. Under the circumstances, we are of the opinion that order passed by the learned Single Judge is perfectly justified. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 09.12.2010 (Augustine George Masih) gk Judge 4