important point
In a writ petition, the points of issue must be considered by the High Court in its judgment.

judgment

P. Sathasivam, J. –

1.This appeal is directed against the judgment and order dated 24.05.2000 of the High Court of Punjab and Haryana at Chandigarh in C.W.P. No. 4816 of 1996 in and by which the Division Bench dismissed the writ petition filed by the appellant herein.

2.Gram Panchayat, Village Kum Kalan, Tehsil and Dist. Ludhiana through its Sarpanch, has filed the above appeal. According to the appellant, the mutation of the land in dispute which is Shamlat Deh measuring 242 kanals 11 marlas was sanctioned in favour of the Gram Panchayat. Earlier the Punjab Village Common Lands (Regulation) Act, 1953 was amended by Punjab Act No. I of 1954 and definition of Shamlat Deh was given in Section 2(g) of the said Act and the provisions of the Amended Act were made applicable w.e.f. 09.01.1954 retrospectively. In the Jamabandi, for the year 1965-66, Gram Panchayat has been described as the owner. Similarly, in the year 1970-71, Gram Panchayat was shown as the owner.

3.The dispute arose regarding the applicability of the provisions of the Punjab Village Common Lands (Regulation) Act,1961 and the provisions of the Administration of Evacuee Property Act, 1950. The matter was taken to this Court and by order dated 19.03.1975, this Court granted stay of the allotment of the land to the displaced persons. In spite of the stay orders of this Court, the land was allotted to Savitri Devi, Widow of Bal Mukund, respondent No.7 herein and the Gram Panchayat-appellant herein was compelled to file Civil Writ Petition No. 3560 of 1976 in the High Court of Punjab & Haryana challenging the allotment of the Shamlat Deh land in favour of Savitri Devi. By order dated 23.08.1985, the High Court quashed the allotment of Savitri Devi-respondent No.7 herein.

4.In the year 1985, this Court settled the question regarding repugnancy of provisions of the Punjab Village Common Lands (Regulation) Act, 1961 with the provisions of the Administration of Evacuee Property Act, 1950, in the case of Gram Panchayat of village Jamalpur vs. Malwinder Singh & Ors., PLJ 1985 463 = (1985) 3 SCC 661. In this case, the State of Punjab took the stand that by reason of the Punjab Village Common Lands (Regulation) Act, 1953 as amended in 1961, the interest of the persons in the Shamlat Deh lands stood extinguished and the Shamlat Deh lands were fully placed in the control and power of the Gram Panchayat and in view of the above judgment, C.W.P. No. 3560 of 1976 was allowed by the High Court and the allotment of land made in favour of Savitri Devi was quashed. This order of the High Court dated 23.08.1985 was not challenged before this Court and it became final.

5.In the year 1994, the Gram Panchayat filed an application under Section 7 of the Punjab Punjab Village Common Lands (Regulation) Act, 1961 read with Sections 5 & 7 of the Punjab Panchayats Act before the Collector, respondent No.5 herein. On 08.05.1995, the State of Punjab amended the Punjab Village Common Lands (Regulation) Act, 1961 thereby validating and legalizing the illegal and invalid allotment of land of the Gram Panchayat to the displaced persons with the intention of abrogating the judgment passed by this Court in Gram Panchayat of village Jamalpur vs. Malwinder Singh & Ors. (supra) and the Collector was given the powers in view of the amended provisions to ignore the judgment of this Court.

6.On 25.03.1996, the Gram Panchayat filed C.W.P. No. 4816 of 1995 in the High Court for quashing the notification dated 08.05.1995 and also for striking down the provisions of the Amendment Act No. 8 of 1995 being ultra vires of the Constitution of India and violative of the Punjab Village Common Lands (Regulation) Act, 1961 as it has set at naught and abrogated the validity of the judgment passed by this Court. On 24.05.2000, the High Court dismissed C.W.P. No. 4816 of 1995 filed by the Gram Panchayat. Since the High Court has not considered the relief prayed for in the writ petition, the Gram Panchayat filed the pres