DHARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of aforesaid ten Civil Writ Petitions being No. 25537 to 25545 and 25555 of 2013 as common questions of facts and law are involved in these petitions. However, for dictating order, the facts have been taken from Civil Writ Petition No. 25537 of 2013. The petitioners in the present writ petition are laying challenge to the orders dated 2.7.2007 (Annexure P-1) and 6.2.2009 (Annexure P-2) whereby the petition filed under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the Act") for declaration that they are owners of the land situated in village Kansuha Khurd, Tehsil Nabha District Patiala was dismissed by the Divisional Deputy Director, Rural Development & Panchayat, Patiala exercising the powers of Collector and the said order was upheld in appeal on 6.2.2009 by Director, Rural Development & Panchayat, Punjab exercising the powers of Commissioner.

(2.) Keeping in view the fact that more than 4-1/2 years have passed, counsel for the petitioners was asked to justify as to why the petitions should not be dismissed on the ground of delay and laches itself

(3.) Counsel for the petitioners has submitted that since the authorities had decided a large number of cases by common orders and in case of Civil Writ Petition No. 15696 of 2012 Nahar Singh and others v. State of Punjab decided on 12.9.2012, this Court had set aside the Appellate Authority's order dated 6.2.2009 and directed the Appellate Authority to decide the appeal within three months. The petitioners had earlier filed Civil Writ Petition No. 18923 of 2011 in this Court which was got dismissed as withdrawn with liberty to file fresh with better particulars on 29.2.2012, it was thus contended that the petitioners being poor persons could not be held faulted for approaching this Court belatedly. Counsel for the petitioners was also directed to file affidavit as to what was the fate of the case which had been remanded by this Court on 12.9.2012. Affidavit of Dharvinder Singh, petitioner No. 2 dated 24.11.2013 was placed on record wherein it was deposed that the Appellate Authority had adjourned the proceedings and the matter was still fixed for pronouncement of order but order had not been pronounced. The relevant portion of the affidavit reads as under:-