IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Date of Decision: March 10, 2011 1. Civil Writ Petition No.4652 of 2010 Gram Panchayat, Village Barod, Tehsil Safidon, District Jind .....PETITIONER(S) VERSUS State of Haryana & others .....RESPONDENT(S) . . . 2. Civil Writ Petition No.19150 of 2010 The Rampura Primary Agriculture Credit and Service Society Limited, Rampura at Safidon, District Jind .....PETITIONER(S) VERSUS Commissioner, Hisar Division, Hisar & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Vikram Singh, Advocate, for the petitioner (for respondent No.4 in CWP No.19150 of 2010). Mr. B.S. Saini, Senior Deputy Advocate General, Haryana, for the official respondents. Mr. R.N. Lohan, Advocate, for respondent No.5 (for petitioner in CWP No.19150 of 2010). . . . CWP No.4652 of 2010 [2] AJAI LAMBA, J (Oral) 1. This shall dispose of two petitions viz. Civil Writ Petition No.4652 of 2010 titled ‘Gram Panchayat, Village Barod, Tehsil Safidon, District Jind vs. State of Haryana & others’ and Civil Writ Petition No.19150 of 2010 titled ‘The Rampura Primary Agriculture Credit and Service Society Limited, Rampura at Safidon, District Jind vs. Commissioner, Hisar Division, Hisar & others’, as they involve common questions of law and facts. 2. For reference to facts, Civil Writ Petition No.4652 of 2010 titled ‘Gram Panchayat, Village Barod, Tehsil Safidon, District Jind vs. State of Haryana & others’ is being taken up. 3. On 16.3.2010, the following order was passed:- “Counsel for the petitioner submits that as the land was sold to respondent no.5, without the permission of the Government, as provided by Rule 12 of the Punjab Village Common Lands (Regulation) Rules, 1964, as applicable to the State of Haryana, the Commissioner had no jurisdiction to direct the authorities to take ex-post facto permission of the Government. Notice of motion for 4.5.2010. Status-quo with respect to ownership as it exists today shall be maintained.” 4. The Gram Panchayat is the owner of land detailed in the writ petition. Respondent No.5, Primary Agriculture Credit and Service CWP No.4652 of 2010 [3] Society (PACS), village Barod, District Jind (Mini Bank), made an application for sanction of mutation in favour of Bank in respect of sale deed dated 21.8.1980. The land is said to have been purchased by the Bank from the Gram Panchayat. 5. The sale of land in favour of the Bank is under challenge essentially on the ground that permission/ sanction as required under Rule 12 of The Punjab Village Common Lands (Regulation) Rules, 1964 (for short, ‘the Rules’) has not been taken. 6. It has been pleaded on behalf of the petitioner that approval was required to be taken under Rule 12 of the Rules before the proposed sale and it cannot be post-facto. 7. Alongwith the written statement of respondent No.5, Notification dated 5.9.1979 (Annexure R-5/1) has been placed on record whereby the Governor of Haryana has been pleased to accord approval for sale of shamilat land of Gram Panchayats to Primary Co-operative Credit and Service Societies (Mini Bank). At Serial No.10 of the Notification (Annexure R-5/1), village Baroda has been mentioned. It appears to be a clerical error as the name of the village is Barod. CWP No.4652 of 2010 [4] 8. Learned counsel for the petitioner contends that because the Notification has not been taken into account by any of the authorities who have passed impugned orders viz. Order dated 13.10.2005 (Annexure P-1); Order dated 7.3.2006 (Annexure P-2); and Order dated 9.11.2009 (Annexure P-3), let the matter be considered afresh by the authorities in the context of Notification. 9. Learned counsel for the respondents have no objection to the proposal as made on behalf of the petitioner. 10. In view of the above, the petitions are allowed. Order dated 7.3.2006 (Annexure P-2) passed by Collector, Jind; and Order dated 9.11.2009 (Annexure P-3) passed by the Commissioner, Hisar Division, Hisar, are hereby quashed. 11. The case is remanded to the Collector, Jind, to re-address the issue in context of Notification dated 5.9.1979, Annexure R-5/1 and thereafter, pass appropriate orders as required by law after taking into account the relevant provisions of The Punjab Village Common Lands (Regulation) Act, 1961, in particular Section 15 and Rule 12 of the Rules. The Collector is requested to pass final orders by CWP No.4652 of 2010 [5] 31.5.2011. 12. Till the decision is taken by the Collector, status-quo in relation to possession shall be maintained. 13. Copy of the order be given under signatures of Reader of the Bench. (AJAI LAMBA) March 10, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?