HARPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of CWP No. 3768 of 2009, wherein the land in dispute is 100 kanals 1 marla allegedly purchased by the petitioners in the year 1998, and CWP No. 14232 of 2009 in respect land measuring 132 kanals 2 marlas, again purchased by the petitioners in the year 1998.

(2.) IN the first petition, challenge is to an order passed by the authorities under Section 7 of the Punjab Village Common Land (Regulations) Act, 1961 (for short 'the Act'), wherein in the second writ petition, challenge is to the order passed under Section 11 of the aforesaid Act. Since the issue raised in both the writ petitions is substantially same in respect of title of land, both the writ petitions are taken up for hearing together.

(3.) ARGUMENTS raised by Mr. Arun Jain, Sr. Advocate, appearing in CWP No. 14323 of 2009 and Mr.D.S.Patwalia, Advocate, appearing in CWP No. 3768 of 2009, is common, i.e., the judgment of Civil Court having declared rights of the petitioners, is binding on the Panchayat and, therefore, the Panchayat cannot seek possession from the petitioners by taking recourse of the Act. It is also contended that while passing the impugned orders, the authorities have relied upon Section 42-A of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short Rs.1948 Act'). It is contended that the vires of Section 42-A of the 1948 Act are subject matter of challenge in number of writ petitions. Therefore, the present writ petitions should be heard along with the aforesaid writ petitions.