IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1145 of 2011(O&M) Date of decision: 12.07.2011 Gram Panchayat Saifalpur …..Appellant versus Narinder Singh & others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.V.K.Sandhir, Advocate for the appellant Jasbir Singh, J. (Oral) C.M. No.3190 of 2011 This application has been filed for condonation of delay of 703 days in filing the appeal. The reasons given for condonation of delay are not sufficient, except making bare statement that the delay has been caused on account of transfer of the Administrator, no further detail has been given. In view of above, we are not inclined to condone the delay. However, at the time of hearing, counsel was permitted to address arguments on merits. LPA No.1145 of 2011 This appeal has been filed against an order dated 21.5.2009, passed by the learned Single Judge, dismissing CWP No.16572 of 2007, filed by the appellant. Order reads thus:- LPA No.1145 of 2011(O&M) “In view of the earlier writ petition filed by the Gram Panchayat having been dismissed on 9.12.2006 (actually the date is 9.12.1996), the view taken by the Commissioner now declining to interfere and observing that Harnek Singh, respondent no.2 has already been declared as owner cannot be faulted. No case for interference in the present writ petition is made out. The writ petition is dismissed.” Record reveals that respondent No.2 - Harnek Singh filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (in short, the Act), claiming ownership right in the land, in dispute. His application was allowed by the competent authority on 15.5.1995. Thereafter, in consequent to the order, mentioned above, the land in dispute was allotted to respondent No.2 by the Consolidation Officer vide order dated 8.11.1995. The Gram Panchayat laid challenge to the orders, mentioned above, by filing CWP No.14668 of 1995, which was dismissed by this Court vide order dated 9.12.1996. The Gram Panchayat did not file any appeal against the said order. As such the matter has become final so far as Gram Panchayat and respondent No.2 is concerned. It appears that by taking note of some entries in the revenue record, respondent No.1 filed an application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short, 1961 Act), claiming that he is a tenant under the Gram Panchayat and a prayer was made that the orders passed in favour of respondent No.2 in the year 1995, be set aside and the Gram Panchayat be declared owner of the land in dispute. That application was dismissed by the Collector vide order dated 2 LPA No.1145 of 2011(O&M) 16.5.2005. The Collector noted that once the Gram Panchayat has failed against order passed by the competent authority under the Act, it was not open to respondent No.1 to lay challenge to the same. Respondent No.1 did not file any appeal, rather the Gram Panchayat went in appeal, which was dismissed by the Commissioner on 23.2.2007, by observing as under:- “I have gone through the record placed on file and have also gone through the arguments thoroughly and have come to the conclusion that the order passed by the Additional Director, Consolidation and the order passed by the Consolidation Officer, are well reasoned orders as the Hon’ble High Court of Punjab and Haryana dismissed the Civil Writ Petition No.14668 of 1995 dated 9.12.2006 filed by the Gram Panchayat was dismissed. Harnek Singh, respondent No.2 was declared as owner of the land. No appeal or S.L.P. was filed by the Gram Panchayat. Therefore, the order passed by the Additional Director, Consolidation and the order of the Consolidation Officer have become final between the parties. I am left with no alternative but to dismiss the appeal filed by the Appellant. Order was reserved on 8.2.2007 and the same is announced today in the open Court.” The Gram Panchayat came to this Court by filing CWP No.16572 of 2007, which was dismissed vide the impugned order in this appeal. We feel that the order passed is perfectly justified. Orders were passed in favour of respondent No.2 in the year 1995 by the competent authority under the Act. The Gram Panchayat laid challenge to those orders in this Court, however, failed when its writ petition was dismissed on 3 LPA No.1145 of 2011(O&M) 9.12.1996. Thereafter, no steps were initiated by the Gram Panchayat to get those orders annulled. Under the circumstances, it can be safely said that those orders have become final. It appears that by taking benefit of some entries in the revenue record, respondent No.1 tried to pose threat to the title of respondent No.2, which was rightly rejected by the authorities below. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 12.07.2011 (Augustine George Masih) gk Judge 4