IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.7282 of 2011 Date of Decision: April 27, 2011 Naresh Garg & another .....PETITIONER(S) VERSUS Director, Rural Development and Panchayats, Punjab & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Pankaj Jain, Advocate, for the petitioners. . . . AJAI LAMBA, J (Oral) 1. Learned counsel states that Gram Panchayat, Rangian, Tehsil Kharar, District SAS Nagar, filed one application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, ‘the Act’), as applicable to Punjab, and another petition under Section 11 of the Act. While application under Section 7 of the Act has been decided and the petitioners would be dis-possessed, the petition under Section 11 of the Act is still pending. CWP No.7282 of 2011 [2] 2. Learned counsel has argued that unless the title is decided, the effect to the order passed under Section 7 of the Act should not be given. 3. Notice of motion, to respondent Nos.1 and 2, at this stage, in view of peculiar facts and circumstances of the case. 4. Mr. G.S. Attariwala, Additional Advocate General, Punjab, accepts notice on behalf of respondent Nos.1 and 2. Requisite number of copies of the petition have been supplied to him. 5. Heard. 6. Perusal of the documents appended with the petition indicates that orders dated 12.1.2010 (Annexure P-9) and 15.12.2010 (Annexure P-11) have been passed by the prescribed authority under Section 7 of the Act and the appellate authority. Effect of the impugned orders is that the petitioners have been declared in illegal possession of the land, and therefore, have been directed to be evicted from the land. 7. The Gram Panchayat filed a petition under Section 11 of the Act that has been placed on record as Annexure P-8. It has been made out that the said petition is still pending although it was filed on 23.6.2009. CWP No.7282 of 2011 [3] 8. In the considered opinion of this Court, since the Gram Panchayat has filed a petition under Section 11 of the Act seeking declaration in regard to its ownership and possessory rights, it would be highly improper to displace the petitioners before adjudication in regard to title over the land in dispute. 9. This petition is disposed of with the direction that petition filed under Section 11 of the Act under Annexure P-8 be disposed of finally within 60 days of the next date of hearing, by the prescribed authority under the Act. Till the final order is passed, status-quo regarding possession shall be maintained. 10. Copy of the order be given under signatures of Special Secretary of the Bench. (AJAI LAMBA) April 27, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?