MALKIAT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioners prays for issuance of a writ of certiorari, setting aside order dated 24.09.2014 (Annexure P -9), passed by the Director, Rural Development and Panchayat Department, Punjab (exercising power under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the "1961 Act").

(2.) COUNSEL for the petitioner submits that the petitioner and a large number of proprietors have filed separate petitions, under Section 11 of the 1961 Act, either personally or through general power of attorney holders or by successors -in -interests or by persons who have purchased the land from erstwhile proprietors or general power of attorney holders. The Director, Rural Development and Panchayat Department, Punjab, had no jurisdiction while considering the petition for transfer of these petitions to set aside an order passed by the Collector, clubbing more than 400 cases and directing that each case be decided separately by framing separate issues, particularly when the transfer petition had already been rendered infructuous by transfer of the petitions to another officer.

(3.) COUNSEL for the Gram Panchayat (respondent No. 4) submits that as separate petitions have been filed, claiming different rights in the land, in dispute, the petitions cannot be clubbed. The order passed by the Commissioner, directing that cases be decided by framing separate issues and recording separate evidence etc. is, therefore, legal and valid and may be affirmed.