GURDIAL SINGH Vs. ADDITIONAL DIRECTOR PANCHAYATS

JUDGEMENT

(1.) Civil writ petitions No.5265, 5343 and 5271 of 1992 were taken up together by a Division Bench of this Court as they involved adjudication of common question of law.

(2.) The question of law that arises for consideration in these writ petitions, directed against the orders passed by Additional Director Panchayats, Punjab, exercising the powers of Commissioner under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act'), is whether the statutory authority known as a "panchayat", constituted under the Punjab Gram Panchayat Act, 1952 (now Punjab Panchayati Raj Act 1994), to carry out management and control of various kinds of land in the revenue estate, is covered under words "any person" and competent to file petition under Section 11 read with Section 7 of the Act? The question has arisen, as before Section 11 was amended to include a "panchayat" the words "any person" were interpreted to exclude a panchayat from the right to file a petition under Section 11 of the Act. At the time of arguments before the Division Bench, an earlier decision of Division Bench of this Court in Gurnam Singh v. The District Development Officer (Collector) Patiala and another, 1988 PunLJ 497regarding interpretation of word "any person" appearing in Section 11 of the Act was relied upon but the Division Bench doubted its correctness, hence, referred the matter to Larger Bench.

(3.) The Division Bench while making reference passed the following order: -