CWP No.15409 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.15409 of 2010 Date of decision:08.10.2010 Rajdev Singh and another ..... Petitioners Versus District Development and Panchayat Officer, Bathinda and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.K.S.Sidhu, Advocate for Mr.J.S.Brar, Advocate for the petitioners. Ms.Anu Pal, AAG, Punjab for respondent no.1. Mr.N.S.Thind, Advocate for respondent no.2. ***** RAJIVE BHALLA, J.(ORAL) The petitioners pray for issuance of a writ in the nature of certiorari for quashing the warrant of possession dated 10.08.2010, passed by the District Development and Panchayat Officer, Bathinda, exercising the powers of Collector, Bathinda, under the Punjab Public Premises and Land Recovery Act, 1973. Counsel for the petitioners submits that in the absence of any order of ejectment passed under the aforementioned enactment or any other statute, the District Development and Panchayat Officer, had no jurisdiction to issue warrants of possession for the petitioners dispossession. On 06.09.2010, the District Development and Panchayat Officer, Bathinda, came present in court and conceded that there was no order of ejectment. Ms.N.S.Thind, Advocate who appeared on behalf of the Gram Panchayat also conceded that there is no order of ejectment. The case was CWP No.15409 of 2010 -2- however adjourned to enable the respondents to file their replies. A short written statement by way of affidavit the District Development and Panchayat Officer, Bathinda, filed in court is taken on record. Paragraphs 5 and 6 of the affidavit read as follows: - “That as there was long litigation history of the case in dispute and all orders were against the petitioners and further no reply to the application under Punjab Public Premises and Land (Eviction & Rent Recovery) Act, 1973, was filed by the petitioners so the answering respondent under the bonafide belief and mistake inadvertently issued warrants of possession with regard to the land in dispute without passing of the eviction order which otherwise was required to be passed by the Answering respondent. That the issuance of the warrants by the Answering deponent without passing of the eviction order is without any malafide intention and is a bonafide mistake on the part of the Answering Respondent for which she tenders unqualified apology and assures this Court to not repeat such mistake in future.” The reply filed by the Gram Panchayat in court today is taken on record. A perusal of the affidavit filed by the District Development and Panchayat Officer, Bathinda, clearly establishes that no order of ejectment has been passed against the petitioners. The warrants of possession have been issued without following the procedure prescribed by the Act. In this view of the matter, the writ petition is allowed, the warrants of possession dated 10.08.2010 are set aside. The cost of these proceedings are assessed at Rs.10,000/- to be paid personally by the District CWP No.15409 of 2010 -3- Development and Panchayat Officer, Bathinda. The District Development and Panchayat Officer, Bathinda, is directed to decide the pending matter within three months from the next date of hearing. 08.10.2010 [ RAJIVE BHALLA ] shamsher JUDGE