Golden Greens Golf & Resorts Ltd vs Pritam Singh & Anr

JASWANT SINGH, J.(ORAL)

Petitioner-private company has filed the present contempt petition with the allegations that the Gram Panchayat through the present Sarpanch-

respondent no.1 by filing an eviction petition under Section 7 of the Punjab Village Common Land Act seeking to evict the petitioners from the land

in question is violative of the orders dated 18.11.2005 passed by this Court in RSA No.4089 of 2005.

It is submitted that the Gram Panchayat Sakatpur, Block Sohna, District Gurugram through the then Sarpanch had filed a civil suit for permanent

injunction seeking to injunct the proprietors including the petitioner company from changing the nature of the suit land being owner of the said land.

The Civil Suit was dismissed with the findings that the Gram Panchayat was not the owner of the land in question and the ownership vested with the

proprietary body of the Village. Petitioner-company had purchased most of the shares from the proprietors of the village. The said finding qua

ownership with the Gram Panchayat were confirmed right uptill this Court in RSA No.4089 of 2005 decided on 18.11.2005. The said findings have

attained finality.

It is contended that the present Sarpanch by filing the aforesaid eviction with the averment that the Gram Panchayat is the owner has violated the

findings affirmed/recorded in the order dated 18.11.2005.

After hearing learned Counsel for the petitioner no grounds for invoking contempt jurisdiction are made out, although this Court is inclined to accept

that it is highly debatable that such a petition under Section 7 would now be maintainable. The petitioner is fully free to raise these pleas in the said

eviction petition which is hoped would be decided by the competent authority in accordance with law.

In view of the above, present contempt petition is disposed of.