HARCHARAN SINGH Vs. JOINT DIRECTOR PANCHAYATS, PUNJAB

JUDGEMENT

(1.) THIS petition under Articles 226/227 of the Constitution of India has been filed with a prayer that writ of Certiorari be issued to quash orders Annexures P/1 and P/2 dated 19th July, 1984 and 9th May, 1985 respectively.

(2.) IN this writ petition, it has been stated that on one side of the house of Harcharan Singh-petitioner No. 1 a Thara (raised platform), has been constructed by fore-father of the petitioners and is in existence for the last more than 70 years and, as such, they have become owners of the same. It has further been stated that respondent No. 3 in an illegal manner, filed an application under Sections 7 and 11 of the Village Common Lands Act, 1961 (for short 'the Act') stating that the land underneath the Thara be declared as Gram Panchayat's property, being part of the street and the petitioners be ordered to remove the same. It has further been averred in the writ petition that respondent Nos. 1 and 2 without applying their mind and also without looking into evidence have decided the application, referred to above, in favour of respondent No. 3. In this writ petition, it has been prayed that since property, in dispute, is under their ownership, as such, their ejectment could not have been ordered from the same.

(3.) HEARD learned counsel for the parties. After hearing counsel for the parties, this Court feels that this writ petition deserves dismissal.