LAWS(P&H)-2001-5-130

AJIT SINGH Vs. JOINT DEVELOPMENT COMMISSIONER AND OTHERS

Decided On May 14, 2001
AJIT SINGH Appellant
V/S
Joint Development Commissioner and Others Respondents

JUDGEMENT

(1.) CIVIL Miscellaneous Application is allowed. Written statement filed on behalf of Respondent No. 3 is taken on record.

(2.) ON December 3, 1975, an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short to be called "the Act") was filed by the Respondent/Gram Panchayat. After the proceedings, which had been prolonged for a period of almost ten years, the Petitioner stated that he was ready to give possession of 6 marlas of land. The Collector had disposed of the matter vide his order dated November 18, 1985. The Petitioner was directed to deliver "possession of the land to the Gram Panchayat within one month". He did not carry out the direction or honour his word. The Respondent/Panchayat was again constrained to file a fresh application under Section 7 of the act. This application was allowed by the District Development and Panchayat officer vide his order dated April 26, 1999. A copy of this order is at Annexure P5 with the writ petition. The Petitioner filed an appeal. It was dismissed by the Commissioner on April 26, 2000. A copy of the order of the Commissioner is at Annexure P6 with the petition. Aggrieved by these orders, the Petitioner has approached this Court through the present writ petition. He alleges that the order passed on November 18, 1985 cannot be executed after a lapse of 12 years. Thus, the Petitioner prays that both the orders be quashed.

(3.) COUNSEL for the parties have been heard.