GRAM PANCHAYAT, DADHERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WE have a bunch of four petitions. Counsel for the parties have referred to the facts as averred Civil Writ Petition No. 12381 of 1999. The counsel are agreed that these facts represent the position in all the four cases.

(2.) THE Gram Panchayat is the petitioner. It filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 for eviction of Smt. Shakuntla Devi-respondent No. 3 from the land in her possession. Vide order dated December 10, 1998 the District Development and Panchayat Officer exercising the powers of the Collector accepted the application and ordered the eviction of the 3rd respondent. Aggrieved by the order, respondent No. 3 filed an application for stay of the order passed by the Collector, before the Commissioner, Patiala Division, Patiala. Respondent No. 2 the Commissioner, Patiala Division, Patiala, accepted this application vide order dated December 10, 1998. A copy of this order has been produced as Annexure P1. It reads as under :-

(3.) THE precise grievance of the petitioner is that the Commissioner, Patiala Division, Patiala, has no power under the provisions of the 1961 Act to either hear an appeal or to interfere with the order under Section 7 of the Act by the competent authority. Thus, the orders dated December 10, 1998 and March 17, 1999 are vitiated. On this basis, the petitioner prays that the impugned orders be quashed.