DEVA SINGH Vs. GRAM PANCHAYAT THURANA

JUDGEMENT

(1.) 1. In the present intra-Court appeals, order impugned is dated 29.1.2010 passed by learned Single Judge, thereby allowing CWP Nos.9023 of 2009 and 9025 of 2009, challenging order dated 25.2.2009, passed by the Commissioner, Hisar Division, Hisar, directing the Gram Panchayat to pass resolution to sell the land in dispute (Gram Panchayat land) to the appellants

(2.) BRIEF facts of the case are that the Assistant Collector, Ist Grade, Hansi, vide order dated 7.5.2007 directed eviction of appellants from the panchayat land. Order of the Collector, Ist Grade was challenged before the Collector, Hisar, who vide order dated 27.8.2008 confirmed the order of ejectment passed by the Assistant Collector, Ist Grade, Hansi. Thereafter, the matter was carried to the Commissioner, who vide order dated 25.2.2009 (impugned in the writ petition) directed the Gram Panchayat to pass resolution to sell the land in dispute in favour of the appellants. Order of the Commissioner was challenged before learned Single Judge in CWP Nos.9023 of 2009 and 9025 of 2009 by the Gram Panchayat. Writ petition was allowed by learned Single Judge, holding that the Commissioner has absolutely no jurisdiction to direct the Gram Panchayat to sell the land in favour of the appellants.

(3.) FROM the perusal of the record, it is revealed that in a proceeding under Section 7(1) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 1961 Act), appellants were directed to be ejected from the panchayat land measuring 11 marlas by the order of the Assistant Collector, Ist Grade, Hansi, dated 7.5.2007. Order of the Assistant Collector was confirmed by the Collector in appeal vide order dated 27.8.2008.