IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 06.02.2025 Date of Decision : 25.02.2025 DAULAT RAM (SINCE DECEASED) THROUGH HIS LRs ...Petitioner V/S JOINT DEVELOPMENT COMMISSIONER (IRD) AND OTHERS ...Respondents CORAM: HON’BLE MR. JUSTICE SURESHWAR THAKUR HON’BLE MR. JUSTICE VIKAS SURI Present : Mr. Harinder Sharma, Advocate for the petitioner.

Mr. Dharminder Singh Lamba, DAG, Punjab.

***

SURESHWAR THAKUR, J.

1. Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari, seeking therebys the quashing of the order dated 05.08.2015 (Annexure P-1), passed by respondent No.2 in the proceedings launched against the petitioner under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as ‘the Act of 1973’), as well as of the order dated 20.03.2024 (Annexure P-3), as passed by respondent No.1,whereby the appeal preferred by the petitioner against Annexure P-1 became dismissed.

2. The brief facts of the case are that in the year 1973-74, a piece of land measuring 5 Marla comprised in Khasra No.16//10, Hadbast No.189, situated within the revenue limits of Village Kaulpur, Block Hajipur, Tehsil Mukerian, District Hoshiarpur was allotted to Shri Amir Chand (father of the petitioner) whereons the allottee constructed a residential house. After his demise, the petitioner (who also died) had renovated the said house and had constructed shops on the ground floor, whereas, on the first floor, he had constructed a residential accommodation.

3. It is averred in the petition that owing to some party faction in the village and as the petitioner and his family had been supporting respondent No.5-Manjit Singh, as the Sarpanch in the village, thereupons the Panchayat Officer of the Gram Panchayat-respondent No.4, filed an application before respondent No.2 under Sections 3, 4 and 5 of the Act of 1973, seeking the eviction of the petitioner from the land allotted to his father, by the Gram Panchayat, in the year 1973-74.

4. Apparently, the said allotment was made on the ground that he was a poor and a landless person.

5. Vide order dated 05.08.2015, passed by respondent No.2, the apposite application became allowed, and an order of eviction from the land measuring 10 marla comprised in Khasra No.16//10, Hadbast No.189, as per jamabandi for the year 2008-09, thus became passed against the present petitioner, relevant portion whereof becomes extracted hereinafter.

“Learned counsels have been heard. After considering the case of the applicant, I have arrived at a conclusion that because of respondents No.2 and 3 poor and landless, 5-5 marla plots were allotted to them by the Gram Paqnchayat in the year 1973-74. This plot was allotted to them with the conditions that neithr the respondents can sell this plot nor can they transfer it to anybody. Rather he can live there in by constructing his house. In case the respondent does not construct his house in the aforesaid land then this land shall be taken by the Panchayat. Respondents No.2 and 3 have illegally transferred their plots to respondent No.1 and have thus violated the aforementioned condition. They have not raised any construction on the disputed land. Therefore, the case of the applicant is accepted. Order of eviction is passed against the respondents/legal heirs from the land measuring 10 marla comprised in Khasra No.16//10, Hadbast No.189, as per jamabandi for the year 2008-09 are ordered to give possession of the disputed land to the Gram Panchayat within 30 days. In the event of not handing over the possession, it shall be taken through Police. Order pronounced. File be consigned to record room after the process.”

6. The petitioner assailed the said order through his instituting an appeal under Section 9 of the Act of 1973, but the said appeal became dismissed by respondent No.1 and the order of eviction as passed by respondent No.2 became upheld, operative part whereof becomes