- (1.) Challenge in the present writ petition is to an order dated 30.12.2004 passed by the Collector, Ludhiana in exercise of the powers conferred under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act') and the order dated 23.11.2005 passed by the Commissioner affirming the order of the Collector.
(2.) Vide the aforesaid orders, it was held that the land in question does not vest in the panchayat. The aforesaid orders were passed on the basis of an order dated 22.11.1968 passed under Section 42 of the East Punjab Holding (Consolidation and Prevention of Fragmentation) Act, 1948 (for short 'the Act, 1948').
(3.) The said order reads as under: "This petition u/s 42 of the C/H Act is by Bhan Singh and other right holders of village Jhammat for the distribution of the area reserved for the Gram Panchayat out of common pool without compensation amongst the right holders. No relief can be given unless the same is examined by the Settlement Officer,C/H Sangrur. He is requested, therefore, to examine the case in the light of Supreme Court Judgment and to bring the scheme in line with the directions given by the Supreme Court to take such further action in the way as may be necessary. The petition is rejected.";