Roop @ Rupu (deceased)through his LRs v. Director, Rural Development & Panchayats, Punjab & Ors.

Hon'ble Mr. Justice Rajive Bhalla Hon'ble Mrs. Justice Rekha Mittal Present: Mr. Arun Jindal, Advocate for the petitioners Mr. Rajinder Goyal, Addl. Advocate General, Punjab for respondent Nos. 1 and 2 Mr. V.K.Sandhir, Advocate for respondent No. 3 *** RAJIVE BHALLA, J.(ORAL) C.M.No.16926 of 2012 Allowed as prayed. Written statement along with documents Annexures R-1 and R-2, is taken on record. C.W.P.No. 11990 of 2011 The petitioners pray for issuance of writ of certiorari quashing orders dated 6.5.2010 and 16.3.2011 passed by the DDPO, Ropar, and Director, Rural Development and Panchayats, Punjab, respectively. Counsel for the petitioners, has given up challenge to the order of eviction and prays that as the petitioners have constructed a house in the land, in dispute, it should be transferred to them under Rule 13-A of the Punjab Village Common Lands(Regulation)Rules, 1964 (hereinafter C.W.P.No. 11990 of 2011(O&M) -2- referred to as “the 1964 Rules”).

Notice of motion was issued and dispossession of the petitioner was stayed with a condition that he should file an affidavit that he would voluntarily hand over possession of the remaining land to the Gram Panchayat. The petitioner has filed an affidavit dated 29.9.2012, which reads as follows:-

That the deponent is in possession of Residential House situated in Khasra 152 (3-1) at Village Tarapur Majra, Jhalewal, Tehsil Anandpur Sahib, Distt. Ropar. The remaining land, in dispute, is in the possession of the Gram Panchayat, who is leasing the same.

A perusal of the affidavit reveals that the petitioner is in possession of a residential house situated in Khasra No. 152 (3-1) at Village Tarapur Majra, Jhalewal, Tehsil Anandpur Sahib, Distt. Ropar. Counsel for the petitioners prays that as the house existing in the aforesaid Khasra number, is the only house owned and possessed by the petitioners, the Gram Panchayat should be directed to transfer the land, in dispute, to the petitioners.

The Gram Panchayat, initially, filed a reply averring that a five marla plot was allotted to the petitioners or their predecessor. Gurmail Singh son of Roop @ Rupu, filed an affidavit denying this fact. The Gram Panchayat was, therefore, called upon to produce evidence to show that a five marla plot had been allotted to the petitioners and produce the allotment letter/resolution. On 20.11.2012, counsel for the respondents admitted that averments in reply dated 28.11.2011, were incorrect with regard to allotment of a five marla plot and, therefore, tendered an C.W.P.No. 11990 of 2011(O&M) -3- unqualified apology for the false averments. We accept the apology but with a warning to the Gram Panchayat as also to the Sarpanch not to file false affidavits, as the Sarpanch can be punished for filing of a false affidavit. Counsel for the Gram Panchayat submits that the petitioners' case would be considered for allotment of the land in their possession in accordance with law, under Rule 13-A of the 1964 Rules.

In view of the statement made by counsel for the Gram Panchayat, the impugned orders are affirmed and the writ petition is disposed of by directing the Gram Panchayat to consider the petitioners' case for allotment of the land, in accordance with law within six months, from receipt of a certified copy of this order. During this period of six months, the dispossession of the petitioners from the house, in dispute, shall remain stayed but the petitioner would be required to give up possession of the remaining land. (RAJIVE BHALLA) JUDGE ( REKHA MITTAL) JUDGE December 07, 2012 PARAMJIT