HARNEK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) An application under Section 11 of the Punjab Village Common Lands (Regulation) Act, was filed by the writ-petitioner against the respondent-Gram Panchayat that he is the owner-in-possession of the land in dispute. That application was allowed. Another application was filed by the Gram Panchayat under Section 7 of the Act against the writ-petitioner for this ejectment on the ground that the land was Shamlat Deh, and the writ petitioner had no right or title in the land in dispute. That application was dismissed. It is not disputed that two appeals at the behest of the Gram Panchayat against the above said two orders under Section 11 and Section 7 of the Act are pending before the Appellate Authority under the Act. In this writ petition, Harnek Singh, Petitioner, who had got the orders in his favour under Sections 11 and 7 of the Act, has challenged the vires of the said Sections as well as the Notification by which the Appellate Authority has been given powers under the Act to deal with the appeals. The Motion Bench had stayed the proceedings before the Appellate Authority.

(2.) This application has been moved by the Gram Panchayat, praying that the ex-parte stay order granted by the Motion Bench staying the proceedings before the Appellate Authority, be vacated.

(3.) The learned counsel for the respondent-Gram Panchayat, submits that if the Appellate Authority decides the appeal against the Gram Panchayat, then this writ petition would become infructuous and in case the appeals are allowed then the interest of the writ petitioner can be safe guarded by passing appropriate orders that he would not be dispossessed from the land in dispute till the decision of the present writ petition.