Civil Writ Petition No. 6488 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 6488 of 2008 Date of Order: 29.07.2010 Lal Singh and another ....Petitioners Versus Director, Land Records, Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Harsh Bunger,Advocate for the petitioners. Mr. C.S.Brar, DAG, Punjab for respondents No.1 to 3 Mr. Gurcharan Singh, Advocate for respondent no.4. RAJIVE BHALLA, J (Oral). This order shall dispose of C.W.P.Nos. 6488 and 6803 of 2008 as they involve adjudication of identical points. For the sake of convenience, facts are being taken from CWP No.6488 of 2008. The petitioners pray for issuance of a writ in the nature of certiorari for quashing the orders dated 29.03.2004 and 31.03.2008, passed by the District Revenue Officer-cum-Consolidation Officer and the Director Land Records, Punjab, Jalandhar, exercising the powers of the State Government under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948. After addressing arguments for some time and upon due consideration of their respective stands, counsel for the parties are ad-idem that the controversy whether the land in dispute vests or does not vest in the Gram Panchayat can only be decided by the Civil Writ Petition No. 6488 of 2008 -2- Collector exercising powers under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act'). Counsel for the petitioners pray that in this view of the matter, the writ petition be dismissed as withdrawn, to enable the petitioners to file an appropriate petition under Section 11 of the Act. Counsel for the Gram Panchayat states that he has no objection provided the petitioners deposit, appropriate compensation for use and occupation of the land in dispute. I have heard counsel for the parties and in view of the agreement between counsel for the parties, the writ petition is dismissed as withdrawn with liberty to the petitioners to file an appropriate petition under Section 11 of the Act before the Collector concerned. In case, such a petition is filed, the Collector shall before proceeding any further in the matter, call upon the petitioners to deposit Rs.20,000/- per acre per year for Chahi and Rs.10,000/- per acre per year for Barani land, for payment to the Gram Panchayat, in case, the petition under Section 11 is decided in favour of the Gram Panchayat. While deciding the petition under Section 11, the Collector shall disregard orders passed by consolidation authorities. In case, the petitioners do not file a petition under Section 11 of the Act, the Gram Panchayat would be at liberty to take possession in accordance with law. Disposed of accordingly. July 29, 2010 (RAJIVE BHALLA) nt JUDGE