C.W.P. No.1149 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.1149 of 1992 Date of Decision : 09.05.2011 Hardial Singh (died) through LRs …Petitioner Versus Additional Director, Panchayat and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Jatinder J.C. Nagpal, Advocate for the petitioner. None for respondent No.3. Mr. Gazi Mohammad, Advocate for respondent No.4. *** AJAY TEWARI, J. (ORAL) Dasti notice issued to respondent No.3 has been received back duly served but none has appeared on its behalf. This petition has been filed challenging the order dated 2.8.1990 and the order dated 5.4.1991. The admitted facts are that the Gram Panchayat allotted 10 biswas of land to the petitioner at the price of Rs.2500/-. The C.W.P. No.1149 of 1992 -2- amount was duly paid and receipted. Thereafter the Gram Panchayat filed an application for ejectment of the petitioner and the same was allowed against the petitioner primarily on the ground that the Gram Panchayat was not authorized to auction the land. Learned counsel for the petitioner has argued that even in that eventuality it would not be open to the Panchayat to move an application for ejectment. He has relied upon Rule 19 which has been omitted. Learned counsel for the petitioner has further argued that notice issued to the petitioner was in respect of khasra No.914 and that it was in the written statement of the respondents that he was in possession of 10 biswas out of Khasra No.974. As per learned counsel, in any case the application of ejectment should be dismissed on this very ground. In my opinion, this petition must succeed. Apart from the fact that the petition was filed for a piece of land which was not in occupation of the petitioner it cannot also lost sight of that the petitioner came into possession authorized by the Gram Panchayat. In the circumstances, the Gram Panchayat could not have filed the application for eviction against the petitioner and at the most it is the Government who initiate action to cancel the sale if it could be illegal. Consequently, this petition is allowed and the eviction orders passed against the petitioner are set aside. ( AJAY TEWARI ) C.W.P. No.1149 of 1992 -3- May 09, 2011 JUDGE ashish