SWARAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of certiorari for quashing order dated 08.10.2008, passed by the Director cum-Commissioner, Rural Development and Panchayat Department Punjab, Chandigarh, reversing order dated 23.12.2003, passed by the Collector/Divisional Deputy Director, Rural Development & Panchayat, Patiala.

(2.) Counsel for the petitioner submits that as the petitioner is in possession of land in dispute and has constructed a house, the order passed by the Collector directing the Deputy Commissioner, to assess price of land should not have been set aside by the appellate authority. It is further submitted that as there is no evidence on record that the land is a gair mumkin toba (pond) or was used for any common purpose much less as village common land, the impugned order should be set aside. It is further submitted that the State of Punjab has framed a policy whereby shamilat land in possession of scheduled castes and other backward classes can be transferred to them provided they have constructed their houses prior to 15.08.2008. It is further submitted that as the petitioner belongs to the other backward class category, the Gram Panchayat should be directed to sell this land to the petitioner.

(3.) Counsel for the Gram Panchayat-respondent No.6 submits that the petitioner is in possession of 1 kanal and 13 marlas of land bearing Khewat No.184, Khatauni No.273 and Khasra No.59 described as a gair mumkin toba i.e. a village pond. Even if petitioner has any right under any policy framed by the Government to allotment of panchayat land, such a policy cannot be applied to allot land which is part of a village pond.