RAM KUMAR Vs. RAM SARUP GODARA

JUDGEMENT

(1.) Petitioner-Ram Kumar has filed the instant writ petition seeking a writ in the nature of Mandamus for directing the respondents to consider prayer of his brothers and himself, regarding selling of land to them, being their sole residential houses which have been constructed prior to 31/3/2000.

(2.) As per the learned Counsel representing petitioner, petitioner and his brothers are legal heirs of Lalji and can be accommodated under Sec. 5 of Punjab Village Common Lands (Regulation) Act, 1961 read with Rule 12 of Punjab Village Common Lands (Regulation) Rules, 1964, especially Sub Rule (4) of Rule 12, whereby any house that has been constructed prior to 31/3/2000 can be protected subject to conditions mentioned therein. Thus, prayer has been made for protection of the said houses, qua which Gram Panchayat has won all the litigations that were initiated either by Lalji (father of petitioner) or Gram Panchayat for his eviction.

(3.) On going through the contents of writ petition, we had asked petitioner and all other persons who are Lrs of Lalji, to file their affidavits to the effect that they do not own any other residential house in the village nor are in unauthorized possession of any Panchayat/Shamlat land of the village vide our order dtd. 8/2/2019.