DALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed by the petitioners challenging the order dated 1. 8. 1995 (Annexure P-2) passed by the Collector, Amritsar, exercising the powers of District Development and Panchayat Officer and the order dated 10.4.1996 (Annexure P -3) passed by the Appellate Authority i. e. Joint Development Commissioner (IRD) exercising the powers of Commissioner.

(2.) BRIEFLY stated, the facts of the case are that the respondent -Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 for eviction of the petitioners as they were in unauthorised possession of the land in question. The said application was allowed by the Collector, Amritsar vide orders dated 1.8.1995 (Annexure P -2 ). Aggrieved by this order, the petitioners filed an appeal which was dismissed by the Appellate Authority vide order dated 10.4.1996 (Annexure P -3 ). During the pendency of the appeal the petitioners filed Civil Suit No. 650 of 1995 seeking the relief of declaration to the effect that the petitioners were in peaceful possession of the land in question and further for a declaration that the order dated 1. 8. 1995 passed by the Collector, District Development and Panchayat Officer, Amritsar (Annexure P-2) was illegal. Alongwith this suit, the petitioners had also filed an application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure seeking stay of the order dated 1.8.1995. This application came up for hearing before the learned trial Court on 20. 11. 95 and the learned trial Court passed exparte injunction staying the operation of the order dated 1. 8. 1995 (Annexure P -2 ). The order dated 20. 11. 1995 was challenged by the respondent -Gram Panchayat before learned Additional District Judge, Amritsar who vide his order dated 22. 8. 1996 allowed the appeal of the Gram Panchayat and vacated the interim stay granted by the learned trial -Court on 20. 11. 1995. The order passed by the learned Additional District Judge, Amritsar was challenged by the petitioners by filing Civil Revision No. 3640 of 1996 in this Court which was dismissed on 7. 9. 1996. It will be relevant to point out here that the petitioners have concealed the facts of filing the suit No. 650 of 1995 and the order passed by the learned trial Court on 20. 11. 1995, the appeal filed by the respondent -Gram Panchayat, the order allowing the appeal of the Gram Panchayat and also the facts regarding filing of Civil Revision No. 3640 of 1996 in this Court which was dismissed on 7. 9. 1996.

(3.) MR . Puri, learned counsel appearing on behalf of the respondent -Gram Panchayat drew our attention to the above -mentioned preliminary objection and submitted that since the petitioners have concealed the material facts of their filing the suit challenging one of the impugned orders dated 1. 8. 1995, the order passed by the learned first appellate court and the order passed by this Court in Civil Revision No. 3640 of 1996, the petition filed by the petitioners should be dismissed on this short ground of suppression of material facts.