Gram Panchayat Rampur, Fatehgarh Sahib v. State Of Punjab And Others

2024:PHHC:050374-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-9450-1997 (O&M) Date of Decision: 15.04.2024 Gram Panchayat village Rampur ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE LALIT BATRA ----

Present:

Mr. Paramjit Batta, Advocate for the petitioner. Mr. Amit Kumar, Additional A.G. Punjab.

None for respondents No.3 and 4.

**** Sureshwar Thakur, J. (Oral) 1.

Despite service of Court notice, neither respondents No.3 and 4 nor their validly engaged counsel is present before this Court, as such they are proceeded against ex parte.

2.

Learned counsel for the petitioner-Gram Panchayat as well as the learned State counsel are ad idem, that the impugned order is made in breach of the verdict pronounced by the Full Bench of this Court in case titled as "Parkash Singh and others Versus Joint Development Commissioner, Punjab", reported in 2014(2) RCR (Civil) 721, in asmuchas, despite an interdiction becoming cast therein, against the statutory authority contemplated under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, thus, deciding a question of title or deciding any issue relating to allotments or mis-allotments, rather being made in the finalized consolidation scheme, yet the said controversies/issues becoming decided through impugned Annexure P-1. DIWAKER GULATI 2024.04.18 17:17 I attest to the accuracy and authenticity of this document

CWP-9450-1997 (O&M) -24.

Consequently, learned counsels appearing before this Court are further ad idem, that the impugned Annexure P-1 be quashed and set aside and liberty be reserved to the aggrieved from Annexure P-1, to avail the Civil Court remedy.

5.

Ordered accordingly.

6.

In the wake of above, the impugned order is quashed and set aside with liberty to the aggrieved from Annexure P-1, to access the Civil Court of competent jurisdiction. The said remedy be availed within a period of fortnight from today but thereupto the parties are directed to maintain status quo qua the disputed lands.

7.

Pending applications, if any, also stand disposed of. (SURESHWAR THAKUR) JUDGE 15.04.2024 (LALIT BATRA) D.Gulati JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DIWAKER GULATI 2024.04.18 17:17 I attest to the accuracy and authenticity of this document