LPA No.467 of 2009 1 In the High Court of Punjab and Haryana, Chandigarh. LPA No.467 of 2009 Date of Decision: 06.08.2009 Surjit Singh ....Appellant. Versus Commissioner, Ambala Division, Ambala and others ....Respondents. Coram:- Hon'ble Mr.Justice J.S. Khehar Hon'ble Mr. Justice S.D. Anand Present: Mr. R.S. Mittal, Sr. Advocate with Mr. Anil Gaur, Advocate for the appellant. Mr. Ashish Kapoor, Addl. A.G., Haryana for respondent No.1 and 2. Mr. Ajit Atri, Advocate for respondent No.3. ... J.S. Khehar, J. (Oral). Rather than examining the impugned orders which were subject matter of challenge before this Court in Civil Writ Petition No.6475 of 2008, as also, in Letters Patent Appeal No.467 of 2009, learned counsel for the appellant has raised a purely legal question, namely, that the proceedings initiated by the respondent – Gram Panchayat against the appellant under the provisions of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as the 1972 LPA No.467 of 2009 2 Act), could not have been invoked by the respondent – Gram Panchayat, so as to seek the eviction of the appellant. In raising the instant plea, learned counsel for the appellant has placed reliance on a decision rendered by a Division Bench of this Court in Banwari Vs. State of Haryana (2009-1), Punjab Law Reporter 394, wherein relying on a Full Bench judgement of this Court in Roshan @ Roshan Lal Vs. Secretary, Government of Haryana (1998-3) Punjab Law Reporter 651, this Court arrived at the conclusion, that the Gram Panchayat could only seek the eviction of a person similarly situated as the appellant herein, by invoking the provisions of the Punjab Village Common Land (Regulation) Act, 1961 (hereinafter referred to as the 1961 Act). Learned counsel for the respondent – Gram Panchayat, could not invite our attention to any judgement expressing a contrary view. In view of the determination rendered by the Division Bench, as also, by the Full Bench, referred to hereinabove, we are of the view that the instant appeal deserves to be allowed. The same is, accordingly, allowed. Proceedings initiated by the respondent – Gram Panchayat against the appellant herein are liable to be set aside. Ordered accordingly. Needless to mention that it would be open to the respondent – Gram Panchayat to initiate proceedings against the appellant herein, for his ejectment from the land owned by the Gram Panchayat, under the provisions of the 1961 Act, if it is so advised. Disposed of in the aforesaid terms. ( J.S. Khehar ) Judge 06.08.2009 ( S.D. Anand ) sk Judge LPA No.467 of 2009 3 06.08.2009 sk.