Prem Chand vs Joint Director, Panchayats

G.R. Majithia, J.—This Civil Writ Petition is directed against the order passed by the Joint Director, Panchayats, Punjasb, Chandigarh.

It is not necessary to state facts in detail. Suffice it to say that respondent No. 3 filed an application u/s 7 of the Punjab Village Common Lands (Regulation) Act, 1961 against the petitioners. The application was allowed by the District Development and Panchayat Officer exercising the powers of Collector vide order, dated July 31, 1979. The petitioner aggrieved against this order, challenged the same in appeal before the Commissioner. The same was disposed of observing thus:-

"This appeal came up for arguments today. During the course of arguments the counsel for the appellants conceded that the possession of the land in dispute had since been taken over by the Gram Panchayat. This rendered the instant appeal infructuous. The same is accordingly dismissed being infructuous."

The passing of possession pursuant to the order under challenge in appeal does not render the appeal as infructuous. It was incumbent upon the Commissioner to dispose of the appeal on merits. The petitioners had an arguable case, which required determination after examining the relevant record. It is unfortunate that the Appellate Authority has not appreciated the scope and ambit of the appeal before him. I am left with no other alternative, but to quash the order and direct the Commissioner to dispose of the appeal on merits within six months from the date of receipt of the copy of this order. He will send for the parties and thereafter, fix a date for hearing the appeal. The writ petition is disposed of accordingly.