UJAGAR SINGH, J. - (1.) Civil Writ Petitions No. 3503 and 231 of 1986 are being disposed of by this judgment as a common question of law is involved in both these writ petitions.
(2.) Harchand Singh Ex-Sarpanch, Gram Panchayat Suhara. Block Kharar, District Roopnager, filed writ petition No. 3503 of 1986 challenging order Annexure-p. 7 dated 3-10-1985. passed by the Divisional Deputy Director, Rural Development and Panchayat, Patiala, exercising the powers of Director Panchayats, Punjab respondent No. 2 and also to quash the order Annexure-p. 9 dated 12-6-1986 passed by the Joint Secretary, Respondent. No. 1, exercising powers of Government dismissing the appeal filed by the petitioner.
(3.) This petition came up for hearing before a Division Bench consisting of Mr. Justice D.S. Tewatia (as he then was)and Mr. Justice M.R. Aganihotri and the Division Bench passed the following order on 6-2-1987 : "Mr. Sahni cites 1979 Pun LJ 15 and states that this judgment squarely covers the present case and that the order of the Director of Panchayats exercising the powers of the Government is without jurisdiction. Mr. Riar on the other hand states that this Division Bench judgment requires reconsideration. The petition is admitted to Full Bench. Since this order of ours, would raise certain amount of uncertainty in regard to the fact as to whether the Director Panchayats would have the jurisdiction to decide the appeal as delegate of the Government against the order passed by his own delegate, i.e. the Divisional Deputy Director/Joint Director, it is desirable that the matter is set at first at the earliest. We, therefore, direct that the case be listed before the Full Bench within three months.";