Punjab & Haryana HC: Writ petition on Panchayat land dispute dismissed—Petitioners lacked locus standi

Case Name: Narvail Singh and Others v. Director, Department of Rural Development and Panchayats, Punjab and Others
Date of Judgment: January 8, 2020
Citation: CWP No. 25576 of 2016

Bench: Hon’ble Mr. Justice Rakesh Kumar Jain and Hon’ble Mr. Justice Ashok Kumar Verma

Held: The High Court dismissed the writ petition challenging the Commissioner’s order which had set aside certain directions of the Collector relating to 45 Kanals 19 Marlas of Panchayat land. It held that the petitioners, being purchasers of the disputed land, had no locus standi to challenge the Commissioner’s order. The right to assail the order vested only with the Gram Panchayat.

Summary: The dispute arose when the Collector, Kapurthala, in proceedings under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, directed that land allegedly in possession of private respondents be returned to the Panchayat. While dismissing the appeal of private respondents, the Commissioner deleted the Collector’s directions regarding restoration of land. The present petitioners, subsequent purchasers, approached the High Court to quash the Commissioner’s order. The Court noted that ownership over the land had earlier been declared in favour of private parties, and the petitioners had purchased the property via registered sale deeds in 2002. A civil court had also decreed their possession in 2016. Given this background, the Bench held that only the Gram Panchayat had locus standi to contest the Commissioner’s order. The petitioners, being strangers to the original dispute, could not maintain the writ.

Decision: Writ petition dismissed as not maintainable. Petitioners advised to approach the Gram Panchayat if so advised.