PANCHAYAT SAMITI Vs. DEPUTY COMMISSIONER, GURDASPUR AND ORS.

JUDGEMENT

(1.) Petitioner is aggrieved by order dated 20.8.2010 (Annexure P-10), passed by Deputy Commissioner, Gurdaspur, exercising the powers of Commissioner under the Punjab Public Premises and Land (Eviction & Rent Recovery) Act, 1973 (hereinafter referred to as "the Act").

(2.) Learned counsel for the petitioners has argued that while passing the impugned order, the Deputy Commissioner has travelled beyond his jurisdiction while relegating the petitioner to the remedy of civil court against the order dated 28.10.1998, passed by Collector, Batala as jurisdiction of the civil court is specifically barred under Section 15 of the Act. He further submits that the alleged compromise is the result of fraud and collusion and is against the public interest.

(3.) The plea has been opposed by learned State counsel as well as learned senior counsel appearing for respondent No. 2. According to them, a written compromise dated 13.2.1997 had been executed between respondent No. 2 and the petitioner Panchayat Samiti through its Executive Officer, who had all powers of the petitioner Panchayat Samiti. Compromise which was executed as per law was binding on the petitioner. Since both the parties at the relevant time, compromised the matter in writing, petitioner has no locus standi to question the same.