GRAM PANCHAYAT Vs. JOINT DEVELOPMENT COMMISSIONER (IRD) PANCHAYATS

JUDGEMENT

(1.) The Gram Panchayat, Village Dera Bajigar (Mardanheri) Tehsil and District Patiala has filed the instant application under Order 1 Rule 10 of the Code of Civil Procedure for impleading it as a petitioner in Civil Writ Petitioned. 15481 of 1997.

(2.) It has been stated in the application that in the year 1998, the applicant Gram Panchayat was established out of the Gram Panchayat, Village Mardanheri as the main Gram Panchayat was bifurcated into two. According to the provision of Section 3 of the Punjab Panchayati Raj Act, 1994, the assets of the main Gram Panchayat were to be apportioned among both the Panchayats in proportion to the ratio of their respective population. Accordingly the 'shamlat den' of the village has been partitioned among the two Panchayats, namely the main Panchayat i.e. the petitioner and the new Panchayat i.e., the applicant. In that partition, the Divisional Deputy Director Panchayats, Patiala vide his order dated 17.07.2001 has allotted 58 Killas 2 kanals of shamlat land of the village to the applicant Gram Panchayat. That land includes the land involved in the instant writ petition. Since the land in dispute in the writ petition has been allotted to the applicant Gram Panchayat, therefore, it is a necessary party and it may be impleaded as petitioner and the name of the petitioner Gram Panchayat Mardanheri be deleted.

(3.) This application has been opposed by the petitioner Gram Panchayat. In reply, it has been stated that the order dated 17.07.2001, vide which the land in question was allotted to the applicant Gram Panchayat, has been challenged before the Director Panchayats, Punjab, and the said matter is still pending. Therefore, the application filed by the applicant Gram Panchayat cannot be allowed particularly to the effect that the petitioner Gram Panchayat be deleted from the array of parties.