IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (140) CWP-20382-2026(O&M) Date of Decision: 08.07.2026 Rajinder Singh & Ors. --Petitioners Versus State of Punjab & Ors. --Respondents CORAM:- HON'BLE MR. JUSTICE JASGURPREET SINGH PURI. HON'BLE MR. JUSTICE SANJIV BERRY. Present:- Mr. R.K. Garg, Advocate for the petitioners. Ms. Shruti, AAG, Punjab. Mr. C.L. Premy, Advocate for respondent no.3. *** JASGURPREET SINGH PURI.J (Oral) 1. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of Certiorari for quashing the impugned ex parte order dated 24.03.2025 (Annexure P-11) restraining the operation of the bank account of Zimidara Committee, Sill and the impugned order dated 18.05.2026 (Annexure P-17) directing the BDPO, Kharar to conduct the auction of the disputed land and deposit the auction proceeds in a separate bank account in the name of the Gram Panchayat. 2. Learned counsel for the petitioners submitted that it is a case where the petitioners are the proprietors of the land which is comprised in the nature of Jumla Mushtarka Malkan land in Village Sill, Tehsil Kharar, District S.A.S Nagar and submitted that earlier respondent no.3-Gram Panchayat had filed a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, which was allowed by the Collector and LUCKY 2026.07.13 16:54 I attest to the accuracy and authenticity of this order/judgement High Court chandigarh CWP-20382-2026(O&M) -2- the same order was upheld by the learned Appellate Authority. However, the petitioners assailed the aforesaid two orders by filing CWP-3023-2013 which was decided by a Division Bench of this Court vide order dated 17.07.2013 (Annexure P-7) and the writ petition was allowed, since both the orders passed by the Collector and the learned Appellate Authority were unreasoned orders and the matter was remanded back to the Collector, S.A.S. Nagar to decide the application filed by the respondent no.3-Gram Panchayat afresh. It was also directed by the Division Bench of this Court that the Collector may give the opportunity to each of the parties to adduce their evidence, if, the parties wish to. The parties were also directed to appear before the Collector on 30.07.2013. It was further directed that the Collector shall dispose of the matter within a period of 09 months from the date when the parties put in appearance before him. 3. It is submitted that despite the positive direction issued by this Court in the year 2013, a period of almost 13 years has expired but the Collector has not even decided the aforesaid application under Section 11 of the Punjab Village Common Lands (Regulation) Act filed by the respondent no.3-Gram Panchayat. However, the petitioners are not only aggrieved by the action of the Collector, who has not decided the aforesaid application even after the lapse of 13 years and despite the fact that only 09 months time was granted by the Division Bench of this Court but are are also aggrieved by the impugned orders vide Annexures P-11 and P-17 passed by the Collector, whereby operation of account of the petitioners which was in the name of the Zimidara Committee was directed to be restrained and the aforesaid orders are being passed under the provisions of Order 39 Rules 1 & 2 and Order 41 Rule 5 of the CPC, which were not even applicable to LUCKY 2026.07.13 16:54 I attest to the accuracy and authenticity of this order/judgement High Court chandigarh CWP-20382-2026(O&M) -3- the proceedings under Section 11 of the Punjab Village Common Lands (Regulation) Act. Learned counsel has submitted that he will be satisfied in case direction is issued to the Collector to decide the aforesaid application within a stipulated time frame and also submitted that the impugned orders (Annexures P-11 and P-17) being cryptic in nature and passed without the authority of law, may also be kept in abeyance till the time the Collector decides the aforesaid application. 4. Learned counsel appearing on behalf of respondent no.3 has submitted that it is correct that no such order could have been passed under Order 39 Rules 1 & 2 and Order 41 Rule 5 of the CPC by the Collector. He has also submitted that he has got no objection in case any time bound direction is issued to the Collector to decide the aforesaid application since specfic direction were issued by a Division Bench of this Court in the year 2013 itself. 5. We have heard learned counsel for the parties at length and have gone through the records. 6. The operative part of the judgement dated 17.07.2013, passed by the Division Bench of this Court, whereby the matter was remanded back to the Collector, is reproduced hereunder:- “Under above circumstances, we allow this writ petition, impugned orders dated 14.09.2010 (Annexure P7) passed by the Collector and 09.03.2012 (Annexure P8) passed by the Commissioner in appeal are set aside and the matter is remitted to the Collector, SAS Nagar for fresh decision. The collector may give 3 opportunities each to both the parties to adduce their own evidence, if the parties wish to. Before allowing the parties to lead its evidence, the Collector may also ask the parties to supplement their pleadings and thereafter, frame the issues and decide the matter. Parties are LUCKY 2026.07.13 16:54 I attest to the accuracy and authenticity of this order/judgement High Court chandigarh CWP-20382-2026(O&M) -4- directed to appear before the Collector, SAS Nagar on 30.07.2013. The Collector shall dispose of the matter within 9 months from the date when the parties puts in appearance before him, i.e., 30.07.2013.” 7. A perusal of the aforesaid judgement would show that a time bound positive direction was issued in the year 2013 and only 09 months time was granted but even after a lapse of 13 years, application under Section 11 of the Punjab Village Common Lands (Regulation) Act has not been decided by the Collector till date. This Court has also perused the impugned order passed by the Collector, whereby impugned orders have been passed under Order 39 Rules 1 & 2 and Order 41 Rule 5 of the CPC restraining the petitioners from operating the bank account. 8. This Court is of the considered view that no such orders could have been passed by the Collector under Order 39 Rules 1 & 2 and Order 41 Rule 5 of the CPC and even the learned counsel for respondent no.3-Gram Panchayat has also so stated that no such orders could have been passed by the Collector. 9. The present petition is, accordingly, disposed of with the following directions:- (i) The Collector, S.A.S. Nagar shall decide the application filed under Section 11 of the Punjab Village Common Lands (Regulation) Act pending before it and comply with the order passed by this Court, within a period of four months from today, in accordance with law after giving adequate opportunity of hearing to all the parties. Needless to say that a detailed reasoned order has to be passed based upon the evidence and pleadings of the parties. (ii) Till the time the Collector decides the aforesaid application, the LUCKY 2026.07.13 16:54 I attest to the accuracy and authenticity of this order/judgement High Court chandigarh CWP-20382-2026(O&M) -5- impugned orders (Annexures P-11 and P-17) shall be kept in abeyance. (iii) Learned State counsel shall supply a copy of this order to the Principal Secretary, Department of Panchayats, Govt. Of Punjab and apprise him with regard to the aforesaid lapse on the part of the Collector for not deciding the aforesaid application for the last 13 years despite the judgement and directions passed by this Court in CWP-3023-2013. 10. Petition is disposed of in the above terms. 11. Misc. application(s), if any, shall also stand disposed of. (JASGURPREET SINGH PURI) JUDGE (SANJIV BERRY) JUDGE 08.07.2026 lucky Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No LUCKY 2026.07.13 16:54 I attest to the accuracy and authenticity of this order/judgement High Court chandigarh