Civil Writ Petition No. 18457 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 18457 of 2009 Date of Order: 15.09.2010 Balram Shukla ....Petitioner Versus Director, Rural Development & Panchayat and another ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Amit Sharma ,Advocate for the petitioner Mr. C.S.Brar, DAG, Punjab and Ms. Anu Pal, AAG, Punjab for respondent no.1 Mr. Kanwaljit Singh, Senior Advocate with Ms. Harpreet, Advocate for respondent no.2. RAJIVE BHALLA, J (Oral). Prayer in this petition is to issue a writ in the nature of certiorari for quashing the order dated 17.07.2009, passed by the Director, Rural Development & Panchayat, Punjab (exercising the powers of Commissioner under the Punjab Village Common Lands (Regulation) Act, 1961. Counsel for the petitioner submits that against the order of ejectment, passed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, (hereinafter referred to as the Act), the petitioner filed an appeal, which is pending. The petitioner also filed a petition under Section 11 of the Act, claiming that the land in dispute does not vest in the Gram Panchayat. The petitioner, thereafter, filed Civil Writ Petition No. 18457 of 2009 -2- an application, in the appeal praying that the appeal be adjourned sine-die to await the decision of proceedings, pending under Section 11 of the Act. The application was dismissed. Counsel for the petitioner submits by placing reliance upon a Division Bench judgment of this Court reported as Jarnail Singh and others v. Gram Panchayat Mahan Singh Wala and others, 2009(4) RCR (Civil), 479 that as proceedings under Section 11 of the Act are pending, proceedings or orders passed under Section 7 should be kept in abeyance. Counsel for the Gram Panchayat submits that the petition under Section 11 of the Act is a malafide attempt to prevent the inevitable namely, the eviction of the petitioner, who is a rank tress- passer. I have heard counsel for the parties and perused the impugned orders. A Division Bench of this Court has held in Jarnail Singh and others v. Gram Panchayat Mahan Singh Wala(supra), that during pendency of proceedings under Section 11 of the Act, an application for ejectment, filed under Section 7 of the Act, should be kept in abeyance. The petitioner has admittedly filed a petition under Section 11 of the Act. The appellate authority should have, therefore, in all fairness to the rights of the petitioner, the scheme of the Act and the above judgment ordered that during the pendency of the petition under Section 11 of the Act, the appeal filed under Section 7(ii) of the Act should be kept in abeyance. In view of what has been stated hereinabove, the writ petition is allowed, the order dated 17.07.2009 is set aside and it is Civil Writ Petition No. 18457 of 2009 -3- ordered that during the pendency of the petition filed under Section 11 of the Act, the appeal filed by the petitioner under Section 7(2) of the Act shall be kept in abeyance. The Collector is directed to decide the application, filed under Section 11 of the Act, within three months, from receipt of the certified copy of this order. September 15, 2010 (RAJIVE BHALLA) nt JUDGE