- (1.) Gram Panchayat Majahadpur, District Kapurthala, through its then Sarpanch Shri Tara Singh, had filed C.W.P. No. 4069 of 1987 through Mr. Sarjit Singh, Advocate. (He was not a Senior Advocate then). In the writ petition, challenge was to the order of the Additional Director, Consolidation of Holdings, whereby it had been ordered that Shamlat Deh as also Bachat land of the Panchayat should be distributed amongst the right holders. The writ petition was admitted on 15th July, 1987 and further proceedings were stayed.
(2.) A Misc. Application No. 9920 of 1993 was moved on 1st October, 1993 on behalf of the Gram Panchayat-petitioner through Shri Narinder Singh Sarpanch (who is the present Sarpanch of the Gram Panchayat). This application was filed through Mr. Rakesh Verma, Advocate, by getting a fresh Vakalatnama from Sarpanch Narinder Singh, which is on the record. The prayer made was that the writ petition be dismissed as withdrawn. In para 3 of that application, it has been averred as under:- "That the land in dispute is in possession of the right-holders and is liable to be partitioned between the share-holders and resolution to this effect was passed by the Gram Panchayat and it was also resolved that the writ petition above mentioned be withdrawn from the Hon'ble High Court so that the order of consolidation authorities is implemented."
(3.) No resolution of the Gram Panchayat was filed along with the application. However, a resolution dated 20th September, 1993, which is signed by the Sarpanch and thumb marked/signed by 11 other right-holders, including two Members Panchayat, i.e. Shri Gurdev Singh and Shri Piara Singh, purporting to be a resolution passed in the general body meeting of the Gram Sabha on 20th September, 1993, resolving that petition C.W.P. No. 4069 of 1987 should be withdrawn. This resolution was filed along with the Vakalatnama. On the basis of the averments made in the application, I had dismissed the writ petition as withdrawn, on 6th October, 1993.;