BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of writs of Certiorari/Mandamus for quashment of the impugned order/letter dtd. 1/2/2021 (Annexure P-9) issued by the Block Development and Panchayat Officer/Tehsildar, Kharar whereby execution for warrants of possession order dtd. 12/1/2016 (Annexure P-3) has been ordered against the petitioner and for stay thereof.

(2.) The facts as depicted in this writ petition are that the Gram Panchayat of village New Landran was carved out of Gram Panchayat Landran, Block-Kharar, District SAS Nagar, Mohali in the year 1998. Vide letter/order dtd. 10/12/2008, the Director, Rural Development and Panchayat Department distributed the assets and liability between the parent Panchayats and new Panchayats formed out of them. As such the Divisional Deputy Director, Rural Development and Panchayat, Patiala partitioned the moveable and immoveable property between the Gram Panchayats of Landran and New Landran. The petitioner has taken shops as well as land on lease from the Gram Panchayat, Landran. According to him, the said shops and the land belong to Gram Panchayat, Landran. However, Gram Panchayat, New Landran, which was bifurcated from Gram Panchayat, Landran filed petition under Sec. 7 of the Punjab Village Common Land (Regulation) Act, 1961 against the petitioner for dispossessing him from the said property before the Collector (Panchayat Land), SAS Nagar, Mohali, who passed the ejectment order dtd. 12/1/2016 (Annexure P-3) vide which Gram Panchayat, was declared owner of the aforesaid property and the petitioner was ordered to be dispossessed from the Gram Panchayat shops, room over a land, generator shed and also from the parking area in front of shops of Gram Panchayat.

(3.) Thereafter, the petitioner filed appeal against the aforesaid ejectment order. However, during pendency of that appeal, warrant of possession of disputed property was issued by the Collector vide order dtd. 27/1/2016 (Annexure P-4) in favour of the Gram Panchayat, New Landran. Aggrieved against the order of Warrants of Possession (Annexure P-4), the petitioner filed CWP No. 8510 of 2016 (Baljeet Singh vs. Joint Development Commissioner and others), which was disposed of by order dtd. 4/5/2016 (Annexure P-5) passed by a Division Bench of this Court directing the parties to maintain status quo regarding possession till the appellate authority decides the stay application, subject to the condition that the petitioner shall deposit monthly rent of Rs.15,000.00, i.e. Rs.5,000.00 per shop w.e.f. 1/4/2015 onwards in the Court of DDPO-cum-Collector, SAS Nagar, Mohali. 50% of the said amount was directed to be deposited within one week and the balance amount within two weeks thereafter. It was further directed that the deposit of the above stated amount by the petitioner shall be without prejudice to the legal rights of both the parties and in the event of non-deposit of the amount, the ad interim stay shall stand vacated automatically. However, if the petitioner continues to deposit the same on monthly basis on 7th day of every month, status quo regarding possession shall be maintained and the Appellate Authority was further directed by the Division Bench to decide the appeal within three months after deposit of the above stated security amount by the petitioner.