Civil Writ Petition No. 18381 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 18381 of 2010 Date of Decision: 8.10.2010 Sucha Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Nakul Sharma, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Vide agreement dated 7.11.1983 (Annexure P17), father of respondent No.3 had exchanged the land with the Gram Panchayat, Kartarpur. From the said land, the Gram Panchayat had further distributed plots measuring 4½ marlas each to various residents of the village. No overt act has been done by respondent No.3 regarding the land, which is stated to be in his illegal possession. Therefore, the Appellate Authority, vide his order dated 24.5.2010 (Annexure P16) has rightly accepted the appeal of respondent No.3, by observing as under:- “...After hearing both the parties, I have come to the conclusion that the Divisional Deputy Director, Panchayat, Jalandhar, had conducted regular enquiry into this matter and the Enquiry Officer has himself admitted in his enquiry report Civil Writ Petition No. 18381 of 2010 2 that Sh.Baldev Singh, Ex-Sarpanch, who is the present complainant during his tenure had executed one agreement of exchange with the appellant vide dated 07.11.1983 regarding the land of their possession comprised in khasra No. 12/7/2/1(1-1) and the land which was given by the appellant to the Gram Panchayat, the Panchayat further distributed the same in 4-4 marla plot to the people. It is right that the Panchayat did this exchange without getting the approval from the Govt. and for this illegality the then Panchayat is responsible but now saying of that the appellant is in illegal possession of the land which was given by the then Panchayat is totally wrong. Therefore, the removal order of the appellant is wrong and thus the order of the Director is hereby set aside and the appellant is reinstated on the post of Panch and alongwith that the District Development and Panchayat Officer, Amritsar, is further directed to prepare case regarding the exchange done by the then Panchayat in the year 1983 and sent the same to the Director Panchayat and Director Panchayat be directed to take necessary action on the basis of that report”. After going through the pleadings and the arguments, advanced by learned counsel for the petitioner, the finding, returned by Civil Writ Petition No. 18381 of 2010 3 the Appellate Authority, is just and appropriate. Hence, no interference is warranted in the present writ petition and the same is hereby dismissed, in limine, with no order as to costs. (Kanwaljit Singh Ahluwalia) Judge October 8, 2010 “DK”