WATTAN SINGH @ SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Two residents of village Salhopur, Tehsil and District Gurdaspur have filed this writ petition under Article 226 of the Constitution of India for issuing a writ in the nature of Certiorari for quashing the order dated 31.5.2011 (Annexured P-11) passed by the Deputy Commissioner, Gurdaspur exercising the powers of the Commissioner, whereby the order dated 31.5.2010 (Annexure P-9) passed by the Sub Divisional Magistrate, Gurdaspur exercising the powers of the Collector, has been set aside.

(2.) The Government of Punjab in consonance with Rule 13A of the Punjab Village Common Lands (Regulation) Rules, 1964, had formulated a scheme for allotment of 5 marlas plots to the homeless, Scheduled Castes, weaker sections of the society etc. in the villages. Clause (4) of the said scheme provides for condition to be applied regarding allotment of plots. Under the scheme, all the applications of the beneficiaries were to be considered by the Gram Sabha without giving due favour to anybody. The Deputy Commissioner was to grant permission to the Gram Panchayat after seeing the resolution of Gram Sabha in which selection of beneficiary was made. The Deputy Commissioner is required to ensure that the selection and allotment of land will be made fairly. After the allotment by the Gram Panchayat, the concerned Block Development and Panchayat Officer is to issue letter to the concerned beneficiary.

(3.) In the present case, the Gram Sabha prepared the list of beneficiaries and on the recommendations of the Gram Sabha and Panchayat, the allotment was made by the Block Development and Panchayat Officer, with the approval of the Deputy Commissioner, to the private respondents, who were homeless, Scheduled Castes and weaker sections of the society.