RAJINDER KAUR Vs. RURAL DEVELOPMENT AND PANCHAYAT PUNJAB

JUDGEMENT

(1.) Petitioners, who claim themselves to be the legal representatives of late Sukhdev Singh, have approached this Court praying for quashing of the order dtd. 16/9/2019 (Annexure P-11) passed by the Director, Rural Development and Panchayat Department, Punjab, which has been passed in pursuance to the directions issued by this Court in CWP No.2425 of 2019 titled as Sukhdev Singh Versus The Director, Rural Development and Panchayat, Punjab and others, wherein direction was issued by this Court to consider and decide the representations submitted by the petitioner therein within a period of six weeks of the receipt of the certified copy of the order by passing a speaking order. Writ of mandamus has also been sought for issuance of a direction for deciding the title of the disputed property in accordance with law.

(2.) Petitioners assert that Gram Panchayat of Village Bhankharpur- respondent No.4 allotted Plot No.99 in the name of Chanan Singh alias Chanan Ram father of Sukhdev Singh by passing a resolution. After death of Chanan Singh, Sukhdev Singh came in possession of the said plot, who along with his brother Rupinder Singh continue to be in possession. After the death of Sukhdev Singh, it is the petitioners along with Rupinder Singh, who are in possession of the said property plot.

(3.) Petitioners assert that when the order passed by this Court was not complied with, a contempt petition was preferred, which led to the passing of the impugned order dtd. 16/9/2019 by the Director, Rural Development and Panchayat Department, Punjab, which the petitioners contend is against the spirit of the provisions of the Punjab Village Common Lands (Regulation) Act, 1961 as the grievance of the petitioners was that Balwinder Kaur wife of Shri Raghbir Singh, resident of Village Bhankharpur, had constructed a house on Khasra No.68//6/2 (2-5), on the western side of the house is a street, on the northern side is a pucaa nallah, there is a small plot which is being used as a manure pit and has shifted the gate of her house towards plot no.99 in front of roori. There has been criminal case registered against Balwinder Kaur-respondent No.5 as the petitioners were not being permitted to use the said land. In the meanwhile, Balwinder Kaur filed a suit for permanent injunction on 11/7/2017 for restraining Sukhdev Singh, then alive, his agent or representative from making any type of encroachment and interfering or causing any type of obstruction and free enjoyment in the passage leading to the house of Balwinder Kaur. Learned Civil Judge (Junior Division), Derabassi, vide order dtd. 18/12/2018 (Annexure P-4) accepted the prayer made by respondent No.5-Balwinder Kaur and directed the parties to maintain status quo with regard to the usage of passage/street/roori (plot) during the pendency of the suit, which suit continues and the interim order also sustains as nothing has been said in the writ petition with regard to the said order or its continuation. It is in the light of the said status quo order granted by the Civil Court that the Director proceeded to pass the order dtd. 16/9/2019 in pursuance to the directions issued by this Court in CWP No.2425 of 2019. The operative part of the order dtd. 16/9/2019 reads as follows:-