CWP No. 13375 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 13375 of 2010 DATE OF DECISION: May 11, 2011 Shiv Dutt .........PETITIONER(S) VERSUS Joint Development Commissioner (IRD), Punjab and others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Munish Gupta, Advocate, for the petitioner(s). Mr. Manoj Bajaj, Addl. A.G., Punjab. Mr. H.K. Brinda, Advocate, for respondents no. 3 and 4. AJAI LAMBA, J. (ORAL) 1. The issue raised in this petition is that application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to Punjab, (for short 'The Act') has been filed by private persons, which is not permissible under the provisions of Section 7 of the Act, as they apply to the State of Punjab. In such circumstances, impugned orders could not have been passed as, at the instance of private persons, District Development and Panchayat Officer, exercising the powers of Collector, Rupnagar could not take cognizance of the fact that the petitioner was in illegal possession of land. 2. Sh. Gagandeep Singh, District Development and Panchayat Officer is present in Court and states that the fact that petitioner, allegedly, CWP No. 13375 of 2010 2 is in possession of Gram Panchayat land has come to his notice. He shall make proper inquiries and thereafter see that complete justice is done in accordance with the provisions of the Act. 3. In view of the stand of the District Development and Panchayat Officer, orders Annexures P-1 and P-2 are hereby quashed with liberty to the authorities to proceed against the petitioner in accordance with provisions of Section 7 of the Act, as they apply to the State of Punjab. 4. The petition is accordingly allowed. 11.05.2011 (AJAI LAMBA) shivani JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?