GRAM PANCHAYAT GARHI PADLA Vs. COMMISSIONER AMBALA DIVISION

JUDGEMENT

(1.) Through the instant writ petition, the petitioner seeks the quashing of the order dtd. 17/11/1998 (Annexure P-2) passed by respondent No. 1, wherebys the revision petition filed by the respondent No. 2 against the order dtd. 15/11/1996, passed by the Assistant Collector concerned, was allowed and the order supra became set aside.

(2.) It is averred in the instant petition, that since respondent No. 2 was in illegal and unauthorized occupation of the land belonging to the Gram Panchayat concerned, therefore, the Gram Panchayat concerned, filed a petition under Sec. 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act of 1961), thus seeking the eviction of respondent No.2 from the petition land. After due service of notice upon respondent No. 2, and, after hearing his objections, respondent No. 2 was ordered to be evicted from the petition land on 9/4/1985. It is further averred in the instant petition, that owing to some unavoidable circumstances and collusion of respondent No. 2 with the Gram Panchayat concerned, the apposite execution petition was filed in the year 1995. Moreover since, the possession of the petition land rather had already been taken by the Gram Panchayat concerned, therebys the Executing Court, did not proceed to issue warrants of possession vis-a-vis the disputed lands, rather through an order becoming rendered on 15/11/1996, it ordered that the file be consigned to the record room.

(3.) Being aggrieved from the order (supra), respondent No. 2 preferred a revision petition under Sec. 13 of the Act of 1961. Vide the impugned order dtd. 17/11/1998 (Annexure P-2), the said revision petition was allowed and the order dtd. 15/11/1996, passed by the Assistant Collector concerned, thus was set aside. The operative part of the said order becomes extracted hereinafter.