DALBIR SINGH Vs. JASTINDER SINGH RANA

JUDGEMENT

(1.) <DJG>S.S.Saron, J.</DJG> The present contempt petition has been filed by the petitioner alleging violation of the order dated 12.10.1998 passed in the case titled Dalbir Singh and others v. Joint Development Commissioner (C.W.P. No.15963 of 1998). The said order reads as under:-

(2.) Notice in the petition was issued to respondents No.1, 3 and 4 to show cause as to why proceedings under the Contempt of Courts Act, 1971 be not initiated against them. On 20.12.2003, this petition was ordered to be heard along with the case of Dalbir Singh v. Joint Development Commissioner (C.W.P. No.15963 of 1998). The said C.W.P. No.15963 of 1998, titled Dalbir Singh v. Joint Development Commissioner was disposed of on 5.8.2003 by passing the following order:-

(3.) Thereafter, Civil Miscellaneous No.7527 of 2005 was filed by the petitioner for making corrections in the above said order by deleting the words "or 11" in paras 2 and 3 in the order dated 5.8.2003. The said order has been corrected by a separate order passed in the aforesaid civil miscellaneous application. A reading of the aforesaid order shows that the order has been passed on the agreed statement made by the counsel appearing for the parties and it is accepted by the counsel for the parties that the order dated 22.9.1998 (Annexure-P.4) in C.W.P. No.15963 of 1998 whereby directions had been issued by the Collector-cum- DDPO, Amritsar for delivery of possession to the Gram Panchayat could not have been passed without initiating the proceedings under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961 ('Act' for short) and that in fact no such proceedings had been initiated. Therefore, the position that emerges is that if the possession of the land is to be taken it has to be taken in accordance with proceedings under Section 7 of the Act. In view of the statement made by the learned counsel appearing for the Gram Panchayat in Dalbir Singh's case (C.W.P. No.15963 of 1998), it cannot be disputed that possession is to be taken in the proceedings under Section 7 of the Act. Besides, detailed order has been passed in the case of Kashmir Singh v. Joint Development Commissioner (C.W.P. No.11722 of 1999).