The discretionary power of the State Government to sell non-cultivable land to inhabitants of the village, as per Section 12(4) of the Punjab Village Common Lands (Regulations) Rules, 1964, is not to be exercised in favor of encroachers on public land.

JUDGMENT

Sant Parkash, J. - (The aforesaid presence is being recorded through video conferencing as the proceedings are being conducted in virtual court)

2. The present writ petition has been preferred by the petitioners under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari, quashing order dated 21.09.2020 (Annexure P-11) passed by respondent No.1, vide which request of petitioners for purchase and proposal of Gram Panchayat, Village Pirthala, for sale of Shamlat Land at market price, under Section 12(4) of the Punjab Village Common Lands (Regulations) Rules, 1964 (for short the Rules') has been rejected.

3. The facts of the case are that in the year 1956 during consolidation under government scheme, some small size plots were carved out from village common land for poor inhabitants of Village Pirthala, Tehsil Tohana, District Fatehabad. The ancestors of the petitioners were allotted 0-8 marla plots, adjoining to Khasra Nos. 426 and 428. In the year 1960, houses were constructed on the said plots. as per the site plan Annexure P/1, there existed a gair mumkin rasta (1 Kanal 4 Marla) in Khasra No. 426 in the revenue record and Khasra No. 428 was lying vacant.

4. On 29.09.1988, Village Gram Panchayat sent resolution /proposal to DBPO for approval to construct a pakka passage on the aforesaid gair mumkin rasta and after inspection by the JE, 30 feet wide pakka passage was constructed. However, due to wrong alignment/measurement, the pakka passage was constructed in some part of Khasra No. 428//6-10 and some part of Khasra No. 426. An application dated 11.02.2013 for demarcation of Khasra No. 428//6-10 was given by one Modu Ram son of Shera Ram to Tehsildar Tohana.

5. On 27.02.2013, the said demarcation was conducted by the Revenue Authorities wherein it was found that on the southern side 3x69 karam, pakka street existed in Khasra No. 428. Another application dated 14.03.2013 was given to SDM Tohana for demarcation of Khasra No. 426 (gair mumkin rasta). Without any notice to the petitioners and without conducting any proper inquiry, demarcation was conducted and the petitioners were held in illegal possession in Khasra no. 426 (passage).

6. An application under Section 7 of Punjab Village Common Lands (Regulation) Rules, 1964 (for short, 'Act') for removal of encroachment was moved to the Assistant Collector, 1st Grade, Tohana on 22.03.2013 whereupon on 11.11.2013, eviction of the petitioners was ordered, where against an appeal was filed before the District Collector, Fatehabad which was also dismissed on 22.05.2014. Thereafter, petitioners filed an appeal/revision before the Commissioner, Hisar Division but the same was also dismissed on 06.09.2016.Petitioners approached this Court against the orders of the Revenue Authorities, through CWP No. 21388 of 2016 which was dismissed as withdrawn on 17.10.2016 (Annexure P/4) with liberty to file an application for purchase of land. Thereafter, petitioners moved an application dated 25.10.2016 for purchase of land. On 13.12.2016, Gram Panchayat passed a resolution for sale of the land in question to the petitioners and after assessment of rate of land, the case was sent to the Deputy Commissioner, Fatehabad for approval.

7. During pendency of the aforesaid approval, one Garsi Ram filed a petition i.e. CWP No. 7852 of 2017 before this Court for execution of orders passed by the Revenue Authorities. This Court vide judgment dated 13.02.2020 (Annexure P/9) allowed the said petition and directed the District Collector, Fatehabad to put the Gram Panchayat in possession of the land in dispute. Feeling aggrieved, petitioners preferred LPA against judgment dated 13.02.2020 which was disposed of by a Division Bench of this Court vide judgment dated 01.09.2020 with liberty to the appellants/petitioners to seek appropriate remedy against the order to be passed by the Deputy Director, Panchayat Development on the application of Gram Panchayat under Rule 12(