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2000 Supreme(SC) 994

R.P.SETHI, S.SAGHIR AHMAD
Shish Ram – Appellant
Versus
State Of Haryana – Respondent


JUDGMENT

Sethi, J.-Holding that the land described as "charand" is included within the definition of "Shamilat-deh" as defined under Section 2(g) of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as "the Act") and relying upon its earlier Division Bench judgment in the case of Khushi Puri v. State of Haryana1, the High Court dismissed the writ petition filed by the appellants praying for issuance of directions prohibiting the Gram Panchayat from leasing out the charand land and to keep land measuring 541 kanal and 2 marlas reserved as charand for grazing up cattles. The High Court also did not consider it proper to grant the prayer of the appellants seeking declaration that the land reserved for charand during consolidation could not be used for the income of the Gram Panchayat as it stood allegedly deducted from the lands of the proprietors. Not satisfied with the judgment of the Division Bench of the High Court, the appellants have filed the present appeal with the submission that the reservation of charand land for the income of Gram Panchayat violated Article 31A of the Constitution of India as was the ratio of the this Court in Bhagat Ram & Ors














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