Nirmal Singh vs Joint Development Commissioner, Punjab

H.S. Bedi, J.—We have heard the learned counsel for the parties. The District Development and Panchayat Officer in his order Annexure P-4 has given a finding that the Panchayat as also the petitioners were co-sharers in the properly, but lie has nevertheless gone on to separate the share of the Panchayat and ordered the ejectment of the petitioners from that portion. We are of the opinion that this direction could not be given on an application filed by the Panchayat u/s 7 of the Punjab Village Common Lands (Regulation) Act, 1961. In the light of the fact that the Gram Panchayat has been held to be a co- sharer, the authorities under the Act would not have the jurisdiction to determine the issue inter se the parties and it is only after the share of the Panchayat had been separated that the authorities under the Act, would have jurisdiction to do so. We, therefore, allow this petition, quash the orders Annexures P-4 and P-5 but direct that the Gram Panchayat may take such measures that may be open to it under the law. Disposed of in the above terms.

Petition accepted.