BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As common questions of law and facts arise in both these writ petitions, therefore, they are being decided and disposed of by this common judgment. For brevity, the facts are being extracted from CWP-25676-2019.

(2.) Initially, the writ petition, CWP-25676-2019, was filed by total nine petitioners, however, petitioner Nos.4, 6, and, 8 chose to withdraw the petition, and, consequently, the writ petition qua these petitioners was ordered to be dismissed as withdrawn, vide order dtd. 30/9/2019. Therefore, this writ petition survives only qua petitioner Nos.1 to 3, 5, 7 and 9. FACTUAL MATRIX

(3.) In pursuance of Rule 13-A of the Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as the 'Rules of 1964' for short), the Government of Punjab formulated a policy dtd. 17/4/2001, thereby empowering Gram Panchayats to, with the prior approval of the State Government, allot plots to landless/houseless workers, from shamlat deh land, vesting in the Gram Panchayat concerned, for construction of houses thereon by such persons. To carry out the above exercise of allotment of plots, the policy (supra) enunciates the calling of a meeting by the Gram Panchayat concerned, to identify the eligible persons for allotment of free plots, and, thereupon pass a resolution in this regard. The resolution so passed by the Gram Panchayat concerned, containing the details of beneficiaries for allotment of plots, is then required to be placed before the Block Development and Panchayat Officer concerned, who shall after verifying all the documents, forward the case to the District Development and Panchayat Officer concerned. The District Development and Panchayat Officer shall further forward the case, along with its recommendation, before the Deputy Commissioner of the district concerned, for taking a final decision thereon, as the policy (supra) authorizes the Deputy Commissioner to accord approval on behalf of the State Government. The eligibility criteria, as prescribed in the policy (supra) is extracted hereunder:-