KESAR SINGH AND ANOTHER Vs. STATE OF PUNJAB THROUGH ITS DIRECTOR, RURAL DEVELOPMENT AND PANCHAYATS, PUNJAB AND ANOTHER

JUDGEMENT

(1.) The correctness of the opinion recorded in 2001(4) R.C.R.(Civil) 25 Smt. Malkhani Vs. Commissioner, Rohtak Division, Rohtak, has been called into question. Before we answer the reference, it would be appropriate, to set out, in brief, the facts that have led to the instant reference.

(2.) The Gram Panchayat, passed resolutions, dated 11.01.1973 and 27.01.1973, selling the land, in dispute, to the petitioners' father for Rs.span 6,000.00. The petitioners allege that their father paid this amount and possession was delivered. A mutation of ownership was also sanctioned in his name. The Gram Panchayat, however, did not obtain approval from the Government as required by Rule 12 of the Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as the 'Rules').

(3.) On 15.01.2003, the Gram Panchayat filed an application under Sections 7 and 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act'), for eviction of the petitioners. The petitioners set up a defence that as the land was sold to their father, by resolutions passed by the Gram Panchayat, and as it was the Gram Panchayat which was remiss in its duty to obtain prior approval of the Government, it is estopped from alleging that the petitioners are unauthorised occupants of the land in dispute. The Collector and the Commissioner allowed the petition and ordered the petitioners' eviction.