SOHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Prayer in the present writ petition is for quashing the order dated 21.4.2005 passed by the Financial Commissioner and Secretary to Government Punjab, Department of Rural Development and Panchayats, cancelling the order of the government dated 9.7.1996, granting sanction to an exchange of land proposed by the Gram Panchayat, vide its resolution dated 7.4.1994 with the land of the petitioner.

(2.) Gram Panchayat, Kalanour, respondent no.5, passed a resolution dated 7.4.1994, proposing to exchange its land measuring 2 Marlas 7 Sarsai (from West to East side) in Had Bast No.103 Khewat No.994, Khatouni No.1508, Khasra No.669 out of total area measuring 19 kanals 10 marlas (Gair Mumkin) with the land of petitioner measuring 5 Marlas (West to East 2.1/2 karams and North to South 18 Karams) comprising Khewat No.935, Khatouni No.1410, Khasra No.674/1/1/1/2 out of total area of 1 Kanal 5 Marla (Gair Mumkin). Vide order dated 9.7.1996, the Governor of Punjab accorded sanction to the exchange under Rule 5 of the Punjab Village Common Lands (Regulations) Rules, 1964, with a view to provide a passage to the general public, in public interest. Thereafter, a mutation reflecting the change of ownership was sanctioned and possessions were exchanged.

(3.) Pursuant to a complaint, received by the authorities, a fact finding enquiry was initiated. The Financial Commissioner and Secretary, Punjab Government, Rural Development and Panchayats Department, vide order dated 21.4.2005, cancelled the sanction for exchange.