Panchayat Samiti, Khadoor Sahib v. State Of Punjab And ORS

14(7-14), 17/1(2-13), 65/18(3-12), 68/1(7-11), 2(7-7), 3/1(1-4), 9/1(6-10), 10/1(6-13), 15(8-0), 16/1(2-13) and 13/2(2-1). 2.1 It transpires that the aforesaid eviction petition was allowed vide order dated 14.05.1992 (Annexure P-4) passed by the learned Collector-cum-District Development and Panchayat Officer, Amritsar. 2.2 Feeling aggrieved against the order dated 14.05.1992 (Annexure P-4), respondents No.3 and 4 preferred an appeal under Section 9 of the 1973 Act before the learned Divisional Commissioner, Jalandhar, 3.

In the aforementioned circumstances, the present writ petition has been filed before this Court, seeking relief(s) as noticed hereinabove. 4.

Today, there is no representation on behalf of respondents No.3 and 4.

5.

I have heard learned counsel for the petitioner and gone through the paper book with his able assistance.

6.

In the present case, the learned Collector, Amritsar had ordered eviction of respondents No.3 and 4 from the land in question, vide order dated 14.05.1992 (Annexure P-4). Relevant extract thereof reads as under:- "The Executive Officer, Panchayat Samiti, Khadoor Sahib submitted an application that the land in dispute belongs to the Panchayat Samiti and its possession be got handed over to the Panchayat Samiti from the persons having illegal possession over it. Today the Counsel were present. Record was seen. As per Revenue Record, this land belongs to Panchayat Samiti and Shri Kulmit Singh son of Shingara Singh and Shingara Singh son of Chanan Singh is dispossessed from

the disputed land who are in illegal possession over the same and, therefore, this right is given to the Panchayat Samiti, Khadoor Sahib. Pronounced. File be consigned to record room."

31.10.1994 (Annexure P-11), by holding that the order is cryptic and sketchy and the matter has been remanded to the learned Collector, Amritsar for passing a speaking order after affording opportunity to the parties to lead their evidence afresh.

8.

I have also perused order dated 14.05.1992 (Annexure P-4) passed by the learned Collector, Amritsar, and find that it is indeed cryptic and sketchy.

9.

Keeping in view the totality of circumstances, I am of the considered view that the learned Divisional Commissioner, Jalandhar has rightly set aside order dated 14.05.1992 (Annexure P-4) passed by the Collector, Amritsar and remanded the matter for fresh decision. 10.

Accordingly, the present writ petition is dismissed. 11.

Since the matter is pending since 1990, the learned Collector, Amritsar is directed to make earnest endeavour to conclude the proceedings expeditiously and preferably within a period of six months from the date of receipt of the certified copy of this order.