Bant Singh v. Director Rural Development And Panchayat Vikas Bhawan Sec 62 Sas Nagar And ORS

CWP-25450-2017 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-25450-2017 Date of Decision: November 08, 2017 Bant Singh .....Petitioner

Versus

Director, Rural Development and Panchayats, Vikas Bhawan and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDHIR MITTAL 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.K.S.Chahal, Advocate for the petitioner.

........

SURYA KANT, J.

A chunk of land approximately measuring 705.8 kanals situated within the revenue estate of village Kanjhla, Tehsil Malerkotla, District Sangrur, has been the bone of contention between the proprietors of the village and the Gram Panchayat. The petitioner who is a resident of the village, alleges that the proprietors had sought partition of the said land on the premise that it belonged to them. Such an order was earlier passed by the Director, Consolidation in purported exercise of powers under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. The said order was, however, set aside by this Court and the matter was remanded for fresh adjudication. Thereafter, the petition was dismissed vide order dated 06.06.2016. It is claimed that the said order has attained finality. On this premise, the petitioner seeks a Meenu 2017.11.14 15:32 I attest to the accuracy and authenticity of this document chandigarh direction that the revenue authorities be directed to mutate the land in favour

CWP-25450-2017 -2of the Gram Panchayat, who is stated to be its true owner. [2] Be that as it may, having regard to the factual issues involved in the writ petition, we deem it appropriate to dispose of the same with a direction to the DDPO Sangrur to look into the matter as to whether the land in dispute vests in Gram Panchayat and, if so, let the departmental authorities or the Gram Panchayat authorities approach the appropriate Forum for correction of the entries in the revenue record. Ordered accordingly. If any such petition is filed, the prescribed Authority shall decide the same in accordance with law within a period of four months. ( SURYA KANT ) JUDGE November 08, 2017 ( SUDHIR MITTAL ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.11.14 15:32 I attest to the accuracy and authenticity of this document chandigarh