Amarjit Kumar & Anr. vs Director Panchayat & Ors.

JASGURPREET SINGH PURI, J. (Oral)

The present is a Civil Writ Petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of Certiorari for setting aside/quashing the impugned order dated 30.04.2025 (Annexure P-2), passed by the Director, Rural Development and Panchayat Department, (exercising the powers of Commissioner).

Learned counsel appearing on behalf of the petitioners submitted that vide order dated 13.06.2022 (Annexure P-1), learned District Development and Panchayat Officer (DDPO)-cum-Collector Jalandhar, allowed the petition filed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, (hereinafter referred to as, ‘the Act of 1961’) which was preferred by the respondent No. 4/Gram Panchayat Noorpur, Block Adampur, Tehsil and District Jalandhar against the present petitioners. Vide aforesaid order dated 13.06.2022, (Annexure P-1), the learned Collector (Panchayat Land) cum DDPO, while referring to the order passed by the learned Deputy Commissioner, Jalandhar, whereby it was ordered to close the ‘Haddarori’, directed the petitioners to be evicted from the land in question.

Learned counsel for the petitioners further submitted that the petitioners assailed the aforesaid order dated 13.06.2022 (Annexure P-1), passed by respondent No. 1/DDPO-cum-Collector by filing a statutory appeal under Section 7(2) of the Act of 1961. However, learned Appellate Authority, i.e. the Director, Rural Development and Panchayat Department (exercising the powers of Commissioner) dismissed the appeal, primarily, on the ground of delay of 488 days. He further submitted that the only prayer made by the petitioners is that the appeal may be decided on merits so that no prejudice would be caused to their rights.

We have heard learned counsel for the petitioners and perused the record.

A perusal of the order dated 13.06.2022 passed by learned DDPO-cum-Collector (Annexure P-1) would show that the petitioners of the present writ petition, who were the respondents before the DDPO-cum-Collector, had filed their reply and joined the proceedings. Learned DDPO-cum-Collector had dealt with the case in detail and came to the conclusion that the disputed area was a government property and its management and control rested with the Gram Panchayat.

Although the petitioners were recorded as ‘Gair Marusi’, which means non occupancy tenants in the cultivation column but it was found that the petitioners were bringing dead animals from outside and they used to keep them there which was spoiling the environment of the area. Apart from the above, it was also observed that the school going children had also been bitten by stray dogs many times and complaints were received by the learned Deputy Commissioner, Jalandhar, regarding the said fact. Considering the entire facts and circumstances of the case, the learned Collector (Panchayat Land) cum DDPO, while referring to the order passed by the learned Deputy Commissioner, Jalandhar, whereby it was ordered to close the ‘Haddarori’, directed the petitioners to be evicted from the land in question. Learned DDPO-cum-Collector while exercising the powers under Section 7 of the Act of 1961 directed that the petitioners of the present writ petition to be evicted from the place.

As per Section of 7(2) of the Act of 1961, a statutory appeal lies before the learned Director-cum-Commissioner within a period of 60 days. The appeal which was preferred by the petitioners was with the delay of 488 days. This aspect of delay was dealt with by the learned Director, Rural Development and Panchayat Department, (exercising powers of Commissioner) vide Annexure P-2 dated 30.04.2025 by observing that it is absolutely illogical and a false fact that the petitioners were not having any knowledge about the order dated 13.06.2022 (Annexure P-1) passed by the DDPO-cum-Collector. Hence, the appeal was dismissed.

The latin maxim, Vigilantibus non dormientibus jura subveniunt means that the law assists those who are vigilant, not those who sleep upon their rights. There had been an inordinate delay of 488 days in filing the statutory appeal on the basis of which learned Appellate Court had dismissed the appeal. It is not a case that the petitioners were not aware of the proceedings which were pending before the learned DDPO-cum-Collector because the petitioners had joined the proceedings and had filed their reply. Therefore, the grounds which had been taken by the petitioners before the learned Appellate Court as well as before this Court that they were not aware about the proceedings of the order dated 13.06.2022 (Annexure P-1) appear to be false and without any basis. The delay of 488 days in filing the appeal is the only ground on the basis of which learned Appellate Court had dismissed the appeal.

In view of above, we do not find any ground to interfere with the order dated 30.04.2025 (Annexure P-2) passed by the Director, Rural Development and Panchayat Department, (exercising the powers of Commissioner). Accordingly, the present writ petition stands dismissed.