Gram Panchayat Of Village Naulakha – Appellant
Versus
Ujagar Singh – Respondent
ORDER
Leave granted.
2. This appeal is preferred by the Gram Panchayat against the judgment of the High Court of Punjab and Haryana dated 12.10.98 in CWP. No. 11569 of 1997. The appellant filed an application under Section 7 of the Village Common Land (Regulations) Act, 1961 and an order was passed in its favour by the Collector on 12.7.88. The Collector found that an earlier decree obtained by the respondents against the appellant for injunction on 10.6.75 was a decree obtained by the respondents in collusion with the then Sarpanch and was not binding on the Panchayat in the present proceedings. On appeal by the respondents before the Development Commissioner, the said judgment was affirmed on 13.3.97 upholding the plea of collusion. The respondents then moved the High Court by way of a writ petition and the writ petition was allowed by the High Court on 12.10.98. The learned Judges of the High Court did not go into the question of collusion or the merits of the case but felt bound by a decision of a Full Bench of the Punjab and Haryana High Court in Gram Panchayat, Village Bathoi Kalan, Patiala v. Jagar Ram and Ors.1 which judgment was said to have been followed by another Divisi
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