GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are seeking issuance of a writ in the nature of certiorari for quashing the order dated 04.09.2014 (Annexure P-4) passed by respondent No.3-Collector-cum-District Development and Panchayat Officer, Hoshiarpur whereby the petitioners were ordered to be ejected from land comprised in khewat No.24 khatauni No.37 khasra No.36(2-0) situated within the revenue estate of village Sada Araian, Tehsil and District Hoshiarpur and order dated 22.07.2016 (Annexure P-5) passed by respondent No.2-Director, Rural Development and Panchayat, Punjab whereby appeal filed by the petitioners against order dated 04.09.2014 (Annexure P-4) was dismissed.

(2.) The petitioners have averred in the petition that in the year 1972 petitioners No.1 and 2 were allotted plots measuring 5 marlas each in khasra No.24 by respondent No.5-Gram Panchayat, Sada Araian due to being homeless persons. Thereafter, on 21.06.1983 Gram Panchayat, Dhugga passed resolution for exchange of khasra No.24, which belonged to petitioners No.1 and 2 and possession of which was with petitioners No.1 and 2 as they had their residential houses on the same, with khasra No.36. Petitioners No.1 and 2 constructed pucca houses in khasra No.36 where they also installed handpump and fodder cutting machine with engine whereas Gram Panchayat constructed a school in khasra No.24. Respondent No.5- Gram Panchayat, Sada Araian filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short "the Act") before respondent No.3-Collector-cum-District Development and Panchayat Officer, Hoshiarpur for evicting petitioners No.1 and 2 from khasra No.36. Petitioners No.1 and 2 contested the petition and narrated the facts regarding passing of resolution by Gram Panchayat, Dhugga regarding exchange of khasra No.24 with khasra No.36 and subsequent tearing of the said resolution by the Members of Gram Panchayat in connivance with each other. Respondent No.4-Block Development and Panchayat Officer, Hoshiarpur reported vide his letter dated 26.10.2008 that there was no record of any proceeding from 10.06.1983 to 24.08.1983 and there was no resolution dated 21.06.1983 in the record. Respondent No.3-Collector-cum-District, Development and Panchayat Officer, Hoshiarpur, vide order dated 04.09.2014, ordered ejectment of the petitioners from Khasra No.36 without considering these facts. Appeal filed by the petitioners against the aforesaid order was dismissed by respondent No.2-Director, Rural Development and Panchayat, Punjab vide order dated 22.07.2016. The petitioners are poor landless labourers who were given the land in dispute and even if the resolution is ignored even then the petitioners are entitled for allotment thereof in view of the Punjab Government letter dated 14.08.2008 and Rule 13-A of the Punjab Village Common Lands (Regulation) Rules, 1964 (for short 'the 1964 Rules'). While pleading that the impugned orders are illegal being against law and facts on record, the petitioners have prayed that the same may be quashed.

(3.) On notice, respondents No.1 to 4 have filed reply by way of affidavit of Devinder Singh, Block Development and Panchayat Officer, Hoshiarpur-1 pleading that the averments as to allotment of plots measuring 5 marlas each by respondent No.5-Gram Panchayat, Sada Araian to petitioners No.1 and 2 from khasra No.24 in the year 1972 are factually incorrect. Respondent No.5-Gram Panchayat, Sada Araian had no authority to allot any Gram Panchayat land to the petitioners without prior permission of the Director, Rural Development and Panchayat Department, Punjab Chandigarh. Resolution passed by Gram Panchayat, Dhugga in the year 1983 was not valid. The petitioners filed civil suit for permanent injunction against respondent No.4-Block Development and Panchayat Officer, Hoshiarpur and respondent No.5-Gram Panchayat, Sada Araian, which was dismissed by the Additional Civil Judge (Sr.Divn.), Hoshiarpur vide judgment and decree dated 10.09.2009 and appeal filed against the same was dismissed by the Additional District Judge, Hoshiarpur vide judgment and decree dated 14.10.2011. The petitioners filed RSA No.3079 of 2012 titled as "Kehar Singh and another Vs. Gram Panchayat Village Sada Araian and another" which was dismissed by this Court vide order dated 22.04.2015. The petitioners have not come to the Court with clean hands as they did not disclose the facts regarding the earlier litigation. The petitioners, being in unauthorised possession of khasra No.36, have been rightly ordered to be ejected from the same and the petition may be dismissed with costs.