Civil Writ Petition No. 6250 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 6250 of 1992 Date of decision : 29.04.2011 Surjit Kaur ....Petitioner V/s The State of Punjab and others ....Respondents BEFORE : HON'BLE MR. JUSTICE AJAY TIWARI Present: Mr. Narinder Singh, Advocate for the petitioner. Mr Gazi Mohammad, DAG Punjab. AJAY TIWARI J. (ORAL) By this petition, the petitioner has challenged the order dated 19.04.1992 (Annexure P-3) whereby the appeal filed by Panch against order dated 20.01.1988 (Annexure P-2) has been allowed. At the very outset it deserves to be mentioned here that Gram Panchayat village Kamrai (respondent No. 3) though served but not appeared in court, nor filed any written statement etc. In the circumstances the averments made in the writ petition have to be accepted. As per the averments the petitioner was a landless person and by resolution dated 20.07.1987, Gram Panchayat allotted 100 yards for manure pits and 100 yards for residence. Subsequently, the petitioner constructed a residential house on the said land. Thereafter, an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 was filed seeking Civil Writ Petition No. 6250 of 1992 2 eviction of the petitioner on the said land on the ground that she was an unauthorized occupant. The petitioner took various pleas to oppose the said application and also on equity approached that since she was a landless person, land was allowed to be transferred to her and she may be allowed to pay the price thereafter. The Collector (District Development and Panchayat Officer), Kapurthala got the collector rate of the land, fixed the price and after the petitioner paid the same, allotted the land in dispute to her. Thereafter one of the Panch filed an appeal before the Additional Director Rural Development Panchayat, Punjab who has allowed the appeal on the ground that Collector had option either to allow or dismiss the application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 but had no power to alienate the Panchayat land. It is this order which has been challenged. The order of the Commissioner cannot be said to be acceptable in any manner. However, it cannot be lost sight of the fact that the Gram Panchayat had allotted the land to petitioner who was landless person and ultimately the petitioner did pay the price thereof. The extraordinary jurisdiction of this Court has not only the power but the duty to do justice between the parties. The conscience of this Court has been satisfied that the order Annexure P-2 is just and equitable. Consequently this writ petition is allowed and Annexure P-3 is quashed while Annexure P-2 is maintained. April 29, 2011 (AJAY TIWARI) Ajay JUDGE