LAWS(P&H)-1993-1-58

MUKHTIAR SINGH Vs. STATE OF PUNJAB

Decided On January 06, 1993
MUKHTIAR SINGH Appellant
V/S
STATE OF PUNJAB THROUGH SECRETARY TO GOVT OF PUNJAB DEPARTMENT RURAL Respondents

JUDGEMENT

(1.) THIS writ petition has been filed by Mukhtiar Singh for quashing order Annexure P-2 dated April 9, 1992, passed by Additional Director, Panchayat. Punjab, exercising powers of the Commissioner, quashing order of the Collector, where by land was ordered to be transferred to Mukhtiar Singh.

(2.) GRAM Panchayat of village Kamrai filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act (in short called as "the Act"), for ejectment of Mukhtiar Singh from one Kanal of land comprising khasra number 237, alleging that he was unauthorised occupant over the same. Before the Collector it was represented that Mukhtiar Singh had constructed a house and he should be permitted to purchase the same. As per allegations, his request was accepted. Against the order of the Collector, appeal was filed by the Gram Panchayat, which was finally allowed vide order Annexure P-2.

(3.) GRAM Panchayat land could be sold either under rule 4 or under Rule 12 of the Punjab Village Common Lands (Regulation) Rules, 1964. They read as under :"