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2022 Supreme(SC) 1686

M. R. SHAH, M. M. SUNDRESH
Ishwar – Appellant
Versus
Gram Panchayat Parli Khurd – Respondent


Advocates appeared:
Mr. Naresh Kaushik, Advocate, Mr. Vardhman Kaushik , Advocate, Mr. Manoj Joshi, Advocate, Mr. Dhruv Joshi, Advocate, For the Appellant / Mr. Sandeep Chhabra, Advocate, Mr. Jinendra Jain, Advocate, For the Respondent.

ORDER

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 03.02.2020 passed by the High Court of Punjab and Haryana at Chandigarh, by which the High Court has allowed the Regular Second Appeal No. 4309 of 2014 preferred by the respondent- Gram Panchayat and has quashed and set aside the decree passed by the learned trial Court, the original plaintiff has preferred the present Special Leave Petition.

2. We have heard learned counsel appearing for the respective parties.

3. The issue/dispute centers around on interpretation of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act'). Section 13 reads as under:-

'13. No civil court shall have jurisdiction

(a) to entertain or adjudicate upon any question whether-

(i) any land or other immovable property is or not shamilat deh;

(ii) any land or other immovable property or any right, title or interest in such land or other immovable property vests or does not vest in a panchayat under this Act;

(b) in respect of any matter which any revenue court, officer or authority is empowered by or under this Act to deter; or

(c) to question the legality of any action taken or matter decide

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