Punjab Panchayati Raj Act, 1994, Section 3 -- Carving out new Gram Sabha area out of existing Gram Sabha area - Validity - Held, since only physical distance between existing Gram Sabha area(s) and proposed Gram Sabha area(s) is only by way of narrow streets running through villages, neither it is understandable nor it appeals to reason as to what object was going to be..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 -- Panchayat land - Sale of - Validity - Resolution passed by Gram Panchayat does not mention purpose for which Gram Panchayat's land was proposed to be sold - Held, decision taken by Gram Panchayat to sell land in question is contrary to provisions of rules and lacks in foundation...........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 -- Panchayat land - Sale of - Contravention of R.12 - Held, a sale in contravention of R.12 is no sale in eyes of law - Panchayat can in such circumstances resort to appropriate proceedings to avoid such sale...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 6, 10A - - Panchayat land - Sale to close family member of Sarpanch - Validity - Resolution passed by Gram Panchayat is devoid of purpose of sale and sale has been effected in favour of a very close family member of Sarpanch - Held, sale cannot stand the test of judicial scrutiny - Sale in favour of petitioner is..........
Punjab Land Revenue Act, 1887, Section 117 -- Partition - Title - Held, if during partition proceedings, a question of title arises, S.117(1) requires revenue officer, to reject application till decision of question of title or to decide question himself - Thus, where a civil suit is pending, revenue officer shall pass an order keeping partition proceedings in abeyance, to..........
Punjab Land Revenue Rules, 1908, Rule 20 -- Duties of Lambardar - Extent of - Held, duties of a Lambardar are not limited in nature - A Lambardar is called upon by revenue, police and administrative officers to assist in various matters like disputes regarding possession of land, demarcation of land, identification of accused persons and attending to revenue and police..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of Lambardar - Significant factor - Held, availability of a Lambardar in village is a significant factor to be considered while appointing a Lambardar - If a question mark is raised upon a candidate's availability in village, Collector would necessarily be required to..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 -- Appointment of Lambardar - Objection as to availability of candidate - Failure of Collector to consider - Held, it would be an error of jurisdiction liable to be corrected by appellate and/or revisional authority - Principle that choice of Collector is final is a rule of prudence and..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of Lambardar - Objection as to availability of candidate - Failure of Collector to consider - Rectification thereof by Commissioner - Validity - Commissioner after holding that respondent No.6 would not be available in village rectified error by setting aside order..........
Constitution of India, 1950, Article 226, Punjab Land Revenue Rules, 1908, Rule 15 -- Appointment of Lambardar - Objection as to availability of candidate - Judicial review - Respondent No. 6 is a teacher in a Government school - His service requires his presence in school during school hours - If he performs duties of a Lambardar, he will have to remain absent from school..........
