IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.17487 of 2009 Date of decision: 27th September, 2010 Gram Panchayat, Wazidpur … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Harbhajan Singh Dhandi, Advocate for the petitioner. Ms. Ambika Luthra, Assistant Advocate General, Punjab for respondents No.1 and 2. Mr. V.K. Sandhir, Advocate for respondent No.3. KANWALJIT SINGH AHLUWALIA, J. Gram Panchayat, Wazidpur has prayed that the impugned order dated 21st July, 2009 (Annexure P-14) passed by the Secretary to Government of Punjab, Rural Development and Panchayat Department, Chandigarh be quashed, as the same is against the principles of natural justice. Case of the petitioner is that Gram Panchayat Wazidpur was established under the Gram Panchayat Act, 1952 and during consolidation, an area measuring 72 Bighas 14 Biswas of land was reserved for common purposes of the village, such as path, road, dharmshala, graveyard, latrine etc. The land was provided for the above said purposes and unutilized land was kept as Bachat land. As per the jamabandi (Annexure P-3) pertaining to the year 2000-01, Gram Panchayat Wazidpur was owner and in possession of the land measuring Civil Writ Petition No.17487 of 2009 72 Bighas and 14 Biswas. In the year 1993, Government of Punjab carved out a new Gram Panchayat out of the present Gram Panchayat, and the same was named as Gram Panchayat, Saini Majra. A dispute arose between both the above said Gram Panchayats regarding division of the assets, primarily the land. Gram Panchayat, Saini Majra filed a petition bearing Civil Writ Petition No.834 of 2006 in this Court, which was decided by a Division Bench of this Court on 19th January, 2006 and the following order was passed: “The petitioner has filed a representation claiming its share in the shamlat area of village Wajidpur. It is also the case of the petitioner that despite the representation having been made a long time ago, no decision has been taken on the same. We accordingly, direct respondent No.2 to finally decide the matter within a period of six months from the date that a certified copy of this order is supplied to him. The writ petition is disposed off in the above terms. Dasti order.” In compliance of the above said order, on 5th March, 2006 the Director, Rural Development and Panchayat Department, Punjab passed an order (Annexure P-10), wherein it was held that on the basis of the population, division of the land was to be made between the Gram Panchayat Wazidpur and the newly constituted Gram Panchayat Saini Majra in the ratio of 74.73:25.27. The Director further held that the total land to be divided was 72 Bighas 14 Biswas, out of which land measuring 21 Bighas 2 Biswas was under passage and the land liable to be divided was 51 Bighas 12 Biswas. On the basis of population, the petitioner- Gram Panchayat Wazidpur was held entitled to 38 Bighas 2 Biswas of land and Gram Panchayat Saini Majra to 13 Bighas 10 Biswas of land. 2 Civil Writ Petition No.17487 of 2009 Aggrieved against the impugned order (Annexure P-10), wherein the land was divided in above said manner, the petitioner-Gram Panchayat Wazidpur filed another petition bearing Civil Writ Petition No.6186 of 2006. A Division Bench of this Court, disposed of the writ petition on 20th December, 2007 and had passed the following order: “Order The petitioner Gram Panchayat Wazidpur has filed this petition challenging the order dated 5.3.2006 passed by the Director, Rural Development & Panchayat Department, Punjab, while dividing the property of Gram Panchayat, Wazidpur between the two Gram Panchayats under the Punjab Panchayati Raj Act. In the petition, a grouse has been raised that while passing that order, the petitioner Gram Panchayat was not heard. During the pendency of the petition, Govt. of Punjab, Department of Rural Development & Panchayats, has passed a fresh order, copy of which is annexed as Annexure R-1/T, after hearing both the Gram Panchayats, which have been bifurcated from the Gram Panchayat Wazidpur and allotted the property in accordance with the population of both the Gram Panchayats. In our opinion, after passing of the subsequent order, as far as, the present petition is concerned, the same has become infructuous. Dismissed as infructuous. However, in case, the petitioner Gram Panchayat is still aggrieved against the order, it will be open for the petitioner Gram Panchayat to challenge the same in accordance with law.” Thereafter the present Gram Panchayat filed another petition bearing Civil Writ Petition No.2096 of 2008, in which this Court directed respondent No.1 to pass a fresh order. In support of this contention, following averment has been made in the writ petition: 3 Civil Writ Petition No.17487 of 2009 “23. That the Gram Panchayat village Wazidpur filed CWP No.2096 of 2008 against the order dated 6.9.2006 passed by Respondent No.1. The Hon’ble Court after considering the facts of the case directed respondent No.1 to pass a fresh order vide order dated 16.3.2009 and further directed respondent No.1 to consider order Annexure P-13 while passing a fresh order.” Accordingly, respondent No.1 has passed the impugned order (Annexure P-14). In the present writ petition, it has been urged that the Secretary to Government of Punjab, Rural Development and Panchayat Department, Chandigarh has erred in making an inequitable partition. It is stated that the land has been kept apart for Dera Braham Dass and the remaining land has been divided on the basis of population. Gram Panchayat Saini Majra has been given a better land then the land given to the petitioner-Gram Panchayat Wazidpur, so far as the location and usage is concerned. It is stated that allotment of the entire plain land of Khasra No.244/2 to the Gram Panchayat Saini Majra is to the detriment of the interests of Gram Panchayat Wazidpur. Respondent No.1 after taking census report, had determined the share between the two Gram Panchayats as under: “As per census report of the year 1991, population of Wazidpur and Saini Majra is 1036 and 350 respectively and in this way on the basis of population of both the villages the shamlat land is distributed in the ratio of 74:73 and 25:27 as per details given below: Total land : 72 bigha 14 biswa Land under passages : 21 bigha 2 biswa” 4 Civil Writ Petition No.17487 of 2009 After holding that the land of 14 Bighas 19 Biswas was in possession of Dera Baba Braham Dass, it was held that 36 Bighas 13 Biswas of land was to be distributed between the two Gram Panchayats. The petitioner-Gram Panchayat Wazidpur has been held entitled to 26 Bighas 18 Biswas of land and Gram Panchayat Saini Majra to 9 Bighas 15 Biswas of land. After, hearing counsel for the parties, this Court is of the opinion that continuous rounds of litigation should come to an end. The Secretary to Government of Punjab, Rural Development and Panchayat Department, Chandigarh has applied his mind and has partitioned the land between the two Gram Panchayats. No allegation of malafide have been leveled. The respondent has relied upon census report and has divided the land so that it can be utilized to its optimum level. This Court cannot substitute its opinion with the opinion of those, who are better equipped to discharge their duties for resolving day-to-day disputes. It is nowhere stated in the writ petition that the decision of respondent No.1 is based on the reasons which are not germane to arriving at a just decision. When two Gram Panchayats are involved in a long drawn litigation, one side is bound to feel dissatisfied. No valid grounds have been urged or pleaded for causing interference by the writ Court. Hence, this Court shall refrain from causing any interference in the writ jurisdiction. Thus the present petition is hereby dismissed, with no order as to costs. [KANWALJIT SINGH AHLUWALIA] JUDGE September 27, 2010 rps 5