MANJIT SINGH Vs. DIRECTOR RURAL DEVELOPMENT

JUDGEMENT

(1.) 1. Present appeal is filed impugning order dated 27.5.2009 passed by learned Single Judge, dismissing CWP No.17809 of 2008, against the order of eviction of the writ petitioner appellant under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act).

(2.) BRIEF facts of the present case are that respondent No.3 herein filed an application before the Collector under Section 7 of the Act. Notices were issued to the writ petitioner as well as the Gram Panchayat. Writ petitioner/appellant herein contested the proceedings under Section 7 of the Act mainly on the ground that respondent No.3 has no locus to invoke jurisdiction of the Collector under Section 7 of the Act. The Collector vide order dated 21.2.2006 directed eviction of the writ petitioner by holding that the land in dispute belongs to the Panchayat. Order of the Collector was duly confirmed by the appellate authority vide order dated 8.2.2008. Both the orders were assailed before learned Single Judge on the ground that respondent No.3 herein has absolutely no locus to invoke the jurisdiction of the Collector under Section 7 of the Act.

(3.) LEARNED counsel for the appellant vehemently argued that the jurisdiction of the Collector can be invoked only by the Panchayat or an officer duly authorised by the State government, by a general or special order. Since respondent No.4 was neither an office bearer of the Panchayat nor was ever authorised by the State government by a general or special order, hence respondent No.4 had absolutely no locus to file application before the Collector under Section 7 of the Act.