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2013 DIGILAW 518 (PNJ)

Balveer Kaur v. State of Punjab

2013-04-23

Rajive Bhalla, Rekha Mittal

body2013
JUDGMENT Mr. Rajive Bhalla, J (Oral):- The petitioners’ grievance, briefly put, is that the Block Development and Panchayat Officer, Fazilka, has served a show cause notice, requiring the petitioners to vacate the land, within one week, without any authority or by referring to any provision of law, under which he has issued the impugned notice. 2. Counsel for the petitioners submits that the Block Development and Panchayat Officer, Fazilka, has no jurisdiction, to issue the notice as the only authority, competent to initiate proceedings for eviction, is the Gram Panchayat, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as ‘the 1961 Act’). As the Gram Panchayat has not filed any petition under Section 7 of the 1961 Act, the Block Development and Panchayat Officer, Fazilka, has no jurisdiction to issue the show cause notice. 3. We have heard counsel for the petitioners and perused the impugned notice. 4. The Block Development and Panchayat Officer, Fazilka, has issued a show cause notice in compliance with a direction issued in Civil Writ Petition No.4060 of 2013 (Balwinder Singh v. State of Punjab and others), decided on 26.02.2013. The operative part of order dated 26.02.2013, reads as follows:- “We have heard counsel for the petitioner and as the matter is pending consideration before the Additional Deputy Commissioner, (Development), Fazilka, dispose of the writ petition by directing the Additional Deputy Commissioner, (Development), Fazilka, to take appropriate steps in accordance with law for removal of encroachments/unauthorised occupation/garbage etc. from the pond, street and drain, within three months from receipt of a certified copy of this order.” 5. The petitioners may, therefore, if so advised, file a reply, within one week from today, to the show cause notice. The Block Development and Panchayat Officer, Fazilka, shall, before proceeding any further in the matter, consider and decide the petitioners’ objections and the show cause notice, within 15 days from filing the reply. 6. Disposed of accordingly. ---------0.B.S.0------------ ————————