IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP. No.2010 of 1989 (O&M)
Date of decision: 15.12.2009
Daljeet Singh and others.
-----Petitioners
Vs.
The Assistant Collector Ist Grade, Guhla & others.
-----Respondents
CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
Present:- Mr. H.N. Mehtani, Advocate
for the petitioners.
None for the respondents.
---
ORDER:
1. This petition seeks quashing of proceedings initiated
under the provisions of the Punjab Village Common Lands
(Regulation) Act, 1961, for eviction of the petitioner. The
Panchayat filed application claiming ownership of the land in
dispute.
2. Learned counsel for the writ petitioners submits that
during the pendency of the writ petition, an amendment has
been made vide Punjab Village Common Lands(Regulation)
Haryana Amendment Act,1996. He also relies upon judgment of
this Court in Puran v. State of Punjab 1997(3) RCR 187
dealing with the effect of amendment.
3. None appears for the contesting respondents.
CWP No.2010 of 1989 2
4. I am of the opinion that the issue can be considered
by the statutory authorities in the first instance and there is no
reason to preempt adjudication by the said authorities.
5. Accordingly, this petition is disposed of, relegating
the petitioners to their remedy before the competent authority.
The petitioners are directed to appear before the Assistant
Collector Ist Grade, Guhla on 18.2.2010, who may proceed
further in accordance with the law.
December 15, 2009 (ADARSH KUMAR GOEL) ashwani JUDGE