JUDGMENT

Sureshwar Thakur, J.

Factual Background

The jamabandi appertaining to the writ lands, is carried in Annexure P-1. A perusal of Annexure P-1 underscores the factum, that though in the column of ownership, the writ land, does carry the denomination of Jumla Mustarka Malkan Hakdaran Hasab Rasab Rakba, but in the column of classification, it has been designated as Gair Mumkin Hadda Rori. If so, though in the wake of the import of the entry of Jumla Mustarka Malkan Hakdaran Hasab Rasab Rakba hence the village proprietary cultivators concerned, do become, to the extent of their lawful land holdings in the Mohal concerned, rather entitled to make cultivating possession of the writ lands, but yet the designation assigned to them in the column of classification, inasmuch as, theirs being designated as Gair Mumkin Hadda Rori, prima-facie, did make them unsuitable for cultivation, as the import of the said entry, is, of theirs being meant for bearing the carcasses of animals.

The Resolution(S) Of Panchayat

2. On 24.04.1993 the Panchayat approved a resolution, that because of the increase in the size of the abadis the above said land, has neared the abadis,. Therefore, for avoiding any disease spreading amongst the inhabitants of the abadis concerned, hence the apposite approval became granted qua the writ lands, rather being exchanged with the land(s) of the petitioner herein. The resolution carried in Annexure P-2 was sent for further approval to the Block Development and Panchayat Officer Verka, but through the making of Annexure P-7 by the Competent Authority, the asked for approval to Annexure P-2 became meted. The relevant Rule No.5 of The Punjab Village Common Lands (Regulation) Rules, 1964, (hereinafter referred to as "the Rules") as, governs the permissibility of the making of the said exchanges, becomes extracted hereinafter.

"5. Exchange of land. Section 5 and 15(2)(f): A Panchayat, if it is of opinion that it is necessary so to do for the benefit of the inhabitants of the village may, with the prior approval of the State Government, transfer any land in shamlat deh by exchange with the land of an equivalent (market) value to be determined by the Deputy Commissioner in whose jurisdiction the land is situate:

Provided that State Government shall not accord any approval in case which are not received through the Deputy Commissioner concerned:

xxx"

3. Conspicuously within the ambit of Rule 5 of the Rules, the equivalence(s) of the market value of the writ lands rather with the lands of the petitioner, and, which were to beget an inter-se exchange, is, vividly pronounced by Annexure P-3, and, thereafter Annexure P-3, resulted in an order of 23.06.1995 (Annexure P-7), where through the resolution of 24.04.1993, as made by the Panchayat concerned, and, as carried in Annexure P-2, did become meted approval.

4. However, prior to 1995 hence in the year 1994, the Panchayat concerned, had moved a resolution carried in Annexure P-4 hence cancelling the earlier thereto resolution, as, embodied in Annexure P-2. The above resulted in the drawing of Annexure P-5, on 03.05.1994, by the District Development and Panchayat Officer, Amritsar, where through both Annexure P-2 and Annexure P- 3, became rescinded. Nonetheless, since the rescinding of Annexure P-2 through Annexure P-5, occurred in the wake of approval thereto becoming not granted by the Competent Authority, but yet when through Annexure P-7, the apposite approval was meted to Annexure P-2, thereupon the order comprised in Annexure P-5 where through Annexure P-2 became rescinded, in the wake of the no approval thereto, becoming granted by the Competent Authority, does obviously, becomes completely insignifica