Gram Panchayat v. Joint Development Commissioner (Ird) Panchayats
2003-04-28
SATISH KUMAR MITTAL
body2003
DigiLaw.ai
Judgment Satish Kumar Mittal, J. 1. The Gram Panchayat, Village Dera Bajigar (Mardanheri) Tehsil and District Patiala has filed the instant application under Order 1 Rule 10 of the Code of Civil Procedure for impleading it as a petitioner in Civil Writ Petitioned No. 15481 of 1997. 2. It has been stated in the application that in the year 1998, the applicant Gram Panchayat was established out of the Gram Panchayat, Village Mardanheri as the main Gram Panchayat was bifurcated into two. According to the provision of Section 3 of the Punjab Panchayati Raj Act, 1994 , the assets of the main Gram Panchayat were to be apportioned among both the Panchayats in proportion to the ratio of their respective population. Accordingly the shamlat den of the village has been partitioned among the two Panchayats, namely the main Panchayat i.e. the petitioner and the new Panchayat i.e., the applicant. In that partition, the Divisional Deputy Director Panchayats, Patiala vide his order dated 17.07.2001 has allotted 58 Killas 2 kanals of shamlat land of the village to the applicant Gram Panchayat. That land includes the land involved in the instant writ petition. Since the land in dispute in the writ petition has been allotted to the applicant Gram Panchayat, therefore, it is a necessary party and it may be impleaded as petitioner and the name of the petitioner Gram Panchayat Mardanheri be deleted. 3. This application has been opposed by the petitioner Gram Panchayat. In reply, it has been stated that the order dated 17.07.2001, vide which the land in question was allotted to the applicant Gram Panchayat, has been challenged before the Director Panchayats, Punjab, and the said matter is still pending. Therefore, the application filed by the applicant Gram Panchayat cannot be allowed particularly to the effect that the petitioner Gram Panchayat be deleted from the array of parties. 4. Learned counsel for the petitioner Gram Panchayat states that he has no objection if the appellant Gram Panchayat is also impleaded as one of the petitioner. His only opposition to the instant application is that the petitioner Gram Panchayat may not be deleted from the array of parties because in case the order dated 17.7.2001 is set aside in appeal and the land in question is allotted to the petitioner Gram Panchayat, then it will create complication and will also adversely effect the petitioner Gram Panchayat. 5.
5. After hearing learned counsel for both the parties, I am of the opinion that the, prayer of the applicant Gram Panchayat to the extent that it may be allowed to be impleaded as a petitioner can be granted but the petitioner Gram Panchayat cannot be ordered to be deleted from the array of parties. For the purpose of pursuing the instant writ petition, it will be more appropriate and in the interest of both the Gram Panchayat if the applicant Gram Panchayat is also impleaded as petitioner. Since the applicant Gram Panchayat has been created from the petitioner Gram Panchayat and the land in question has been allotted to the applicant, therefore, it is a necessary party. On the other hand, since the appeal against the order dated 17.7.2001 is pending, therefore, it will be more appropriate and in the interest of both the Gram Panchayat if the instant application is allowed and the applicant Gram Panchayat is also impleaded as petitioner alongwith the present petitioner Gram Panchayat. 6. In view of the above, this application is allowed and the applicant Gram Panchayat Dera Bajigar is also impleaded as one of the petitioner alongwith the petitioner Gram Panchayat Mardanheri.