Research › Search › Judgment

Punjab High Court · body

2013 DIGILAW 1143 (PNJ)

Gram Panchayat Shahbazpur Nawan v. State of Punjab

2013-08-23

G.S.SANDHAWALIA, JASBIR SINGH

body2013
JUDGMENT Mr. Jasbir Singh, J.: (Oral) - This writ petition has been filed to quash an order dated 26.3.2013 (P-10), vide which land of two Gram Panchayats has been ordered to be re-partitioned. It is stated that the above order is the violation of order passed on 13.8.1997 (P-2) and also against the provisions of Punjab Panchayati Raj Act, 1994 (in short ‘the Act’). 2. Further prayer of the petitioner is to stay the operation of the impugned order or in the alternative to stay the dispossession as well as alienation of the suit property. 3. The Gram Panchayat/Sabha area of Village Shahbazpur was divided into two Gram Sabha areas with the name of Gram Panchayat Shahbazpur Nawan and Gram Panchayat Shahbazpur Purana. The Gram Panchayat Shahbazpur was situated on both sides of Bhakra canal. 4. Thereafter, in the year 1995 a dispute arose regarding partition of the assets of the parent Gram Panchayat. When the authorities failed to settle it, Gram Panchayat of Village Shahbazpur Nawan came to this Court by filing CWP No. 7697 of 1995, which was disposed of on 11.12.1995, by noting a statement that necessary partition shall be effected as per the provisions of the Act. Thereafter, it appears that on hearing representatives of both the Gram Panchayats, land/assets were ordered to be partitioned vide order dated 13.8.1997. That order has become final. It was never challenged before any forum by the Gram Panchayat of Village Shahbazpur Purana-respondent No.4. 5. It appears that in the year 2012, a representation was filed by the above said Gram Panchayat, stating that earlier partition was not correct. On that representation, recommendation was made by Block Development and Panchayat Officer (BDPO), for re-partition of the land/assets of the parent Gram Panchayat. The District Development and Panchayat Officer (DDPO), Patiala, did not take action, noting that the assets already stood partitioned by the competent authority. 6. Respondent No.4 approached the Director, Panchayats, Punjab and he recommended fresh partition of the assets of the parent Gram Panchayat of Village Shahbazpur. In consequence thereto, order under challenge was passed on 26.3.2013. Hence, this writ petition. 7. Notice of motion was issued in this case on 5.4.2013. The order reads as under :- “Notice of motion. 6. Respondent No.4 approached the Director, Panchayats, Punjab and he recommended fresh partition of the assets of the parent Gram Panchayat of Village Shahbazpur. In consequence thereto, order under challenge was passed on 26.3.2013. Hence, this writ petition. 7. Notice of motion was issued in this case on 5.4.2013. The order reads as under :- “Notice of motion. Counsel for the caveator/contesting respondent No.4 accepts notice and states that as the earlier partition of the shamlat khewat was contrary to Section 3(3) of the Punjab Panchayati Raj Act, 1994, the errors committed by the then BDPO, Sanaur at Patiala, have been rectified by the impugned order. We have heard counsel for the parties and are prima facie satisfied that the Government had no power to re-open proceedings that were finalised in the year 1997 pursuant to a direction issued by this Court in CWP No. 7697 of 1995 decided on 11.12.1995. The operation of the impugned order 26.3.2013 shall remain stayed till further orders. Parties are restrained from creating any third party interest in the land in dispute. The respondents shall complete their pleadings before the next date of hearing. Adjourned to 12.4.2013 for arguments.” 8. The Court raised a doubt as to whether there exists any power with the Government, to review of an order, which has become final. We have heard counsel for the parties. 9. To support the order under challenge, counsel for respondent No.4 has placed reliance upon the provisions of Section 201 of the Act which read thus :- “201. Power to call for proceedings of Panchayat :- The State Government may call for and examine record of proceedings and the record of any executive order of any Panchayat or any officer or authority of the Panchayat for the purposes of satisfying itself as to the legality and propriety of any executive order passed therein and may confirm, modify or rescind the order.” 10. It is further stated that mistake committed in the year 1997, has now been corrected by partition of the land in terms of sub-section (3) of Section 3 of the Act. 11. It is further stated that mistake committed in the year 1997, has now been corrected by partition of the land in terms of sub-section (3) of Section 3 of the Act. 11. After hearing counsel for the parties, we are of the opinion that power has been given to the State Government only to call for and examine record of an executive officer of Panchayat or any officer or authority of the Panchayat for satisfying itself as to the legality and propriety of any order passed. It does not mean that the State Government has the power, at any time, to review an order passed by it, which has already become final. 12. Order partitioning the parent Gram Panchayat land, was passed in presence of representatives of both the Gram Panchayats. No objection was raised to the same at that time. On the basis of that order, joint assets were partitioned and taken into possession by both the parties. The Gram Panchayat of Village Shahbazpur Purana-respondent No.4 woke up after more than 15 years and raised the issue of partition again by filing a representation in the year 2012. 13. After more than one and a half decade, it is not open to the State, exercising the power under section 201 of the Act, to interfere in an order which has become final. Even otherwise the power under Section 201 of the Act is not a power of review. 14. In view of above, we allow this writ petition, order under challenge is set aside and the order passed in the year 1997 stands restored. ---------0.B.S.0------------