JUDGMENT

RAJIVE BHALLA, J. (ORAL) –

1. By way of this order, we shall dispose of Civil Writ Petition Nos.6675 of 2011, 5808 of 2012, 5829 of 2012, 5830 of 2012 and 5831 of 2012, as they involve adjudication of similar questions of fact and law. For the sake of convenience, facts are being taken from Civil Writ Petition No.6675 of 2011.

2. The petitioner prays for issuance of a writ of certiorari for quashing orders dated 29.01.2009 (Annexure P-1) and 12.11.2010 (Annexure P-2), passed by the District Development and Panchayat Officer (exercising the powers of 'Collector') and the Director Rural Development and Panchayats, Punjab,(exercising the powers of 'Commissioner'), respectively.

3. Counsel for the petitioner submits that the petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act') was filed by a Gram Sewak, who was neither authorised by the State Government nor by the Gram Panchayat, to file such a petition. A petition under Section 7 of the 1961 Act can only be filed by the Gram Panchayat or by an officer, especially, authorised either by the State Government or by the Gram Panchayat. The petition filed under Section 7 of the 1961 by the Gram Sewak should have been rejected summarily.

4. Counsel for the Gram Panchayat does not deny the fact that the Gram Sewak was not authorised by the State Government or by the Gram Panchayat but states that as the petitioner has lost his case regarding ownership, the impugned orders should be affirmed.

5. We have heard counsel for the parties and perused the impugned orders.

6. Section 7 of the 1961 Act confers power upon the Collector to put a Panchayat in possession of “Shamilat Deh” on an application having been made to him whether by a Panchayat or by an officer duly authorised in this behalf by the State Government.

7. Section 7 of the 1961 Act reads as follows:-

7. Power to put panchayat in possession of Shamilat deh-

(1)   The collector shall, on an application made to him by a panchayat, or by an officer, duly authorised in this behalf by the state government by a general or special order, after making such enquiry, as he may think fit and in accordance with such procedure as may be prescribed put the panchayat in possession of the land or other immovable property in the Shamilat deh of that village which vests or is deemed to have been vested in it under this Act and for so doing the collector may exercise the powers of a revenue court in relation to execution of a decree for possession of land under the Punjab Tenancy Act,1887.

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8. A petition under Section 7 of the 1961 Act can only be filed by a Gram Panchayat or by a person, authorised in this behalf, either by the State Government or by the Gram Panchayat. Admittedly, the Gram Sewak was neither authorised by the Government nor by the Gram Panchayat to file a petition under Section 7 of the 1961 Act. The fact that the petitioner has lost in proceedings under Section 11 of the 1961 Act does not detract from the mandatory provisions of Section 7 of the 1961 Act.

9. In this view of the matter, we allow the writ petition, set aside orders dated 29.01.2009 and 12.11.2010 and remit the matter to the Collector to decide the application afresh and in accordance with law. The Gram Panchayat would be at liberty to file a fresh application or seek amendment of petition under Section 7 of the 1961 Act. The entire proceedings shall be concluded within three months from receipt of a certified copy of this order.

10. Parties are directed to appear before the District Development and Panchayat Officer-cum-Collector, Patiala, on 27.09.2012.

Order accordingly.

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