JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of certiorari quashing orders dated 26.07.2010 (Annexure P4) and 29.06.2011 (Annexure P5), passed by the Collector-cum-Divisional Deputy Director, Rural Development and Panchayat, Patiala and Director, Rural Development and Panchayats, Punjab, respectively.

(2.) Counsel for the petitioner submits that the petition, filed under 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as ' the 1961 Act'), has been dismissed, without issuing any notice to respondent No. 4 - Gram Panchayat, without framing any issue or affording any opportunity to the petitioner to lead evidence.

(3.) The Appellate Authority, has dismissed the appeal, summarily, without considering the patent error of jurisdiction, committed by the Collector. It is further argued that Section 11 of the 1961 Act, requires the Collector while deciding a disputed question of title, to follow a procedure akin to the procedure of a civil Court, namely, issue notice, frame issues, grant an opportunity to lead evidence and only thereafter, determine the question whether the land, in dispute, vests or does not vest in a Gram Panchayat.