BRIJ LAL AND OTHERS Vs. COMMISSIONER-CUM-DIRECTOR RURAL DEVELOPMENT AND PANCHAYAT, PUNJAB AND OTHERS
LAWS(P&H)-2012-10-624
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 04,2012

Brij Lal And Others Appellant
VERSUS
COMMISSIONER-CUM-DIRECTOR RURAL DEVELOPMENT AND PANCHAYAT, PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) The petitioners pray for issuance of a writ of certiorari quashing order dated 27.9.2010 (Annexure P-7) passed by Collector-cum-Divisional Director, Rural Development and Panchayat, Patiala, and order dated 24.6.2011 (Annexure P-9) passed by Commissioner-cum-Director Rural Development and Panchayat, Punjab.
(2.) The petitioners have averred that their petition under section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the "1961 Act") has been decided without framing issues, without affording an opportunity to lead evidence and without considering jamabandi for the year 1943-44, which clearly records that the land is 'Chahi and 'Barani'. It is further contended that proceedings under section 11 of the 1961 Act, have to be decided like a civil suit, as the Collector is a substitute of a civil court. The Collector has, however, rejected the petition summarily without framing issues, granting an opportunity to lead evidence and even without issuing notice to the respondents.
(3.) Reply filed on behalf of Gram Panchayat, respondent no.3, is taken on record.;


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