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2010 Supreme(P&H) 1416

MUKUL MUDGAL, JASBIR SINGH
Gram Panchayat Of Village Kum-kalan – Appellant
Versus
State Of Punjab – Respondent


Judgment

Jasbir Singh, J.

1. This order will dispose of Civil Writ Petitions bearing Nos. 5349 of 1986, 4816,6954,6955,6956, 17720, 17721, 17722 of 1996, 3722, 5417, 14673, 15244 of 1997,3166 of 1998,1220,1911,6428 of 2004, 17930 and 18909 of 2005, 11002, 14110, 15770,15771 and 17915 of 2008, 6777, 7702, 7846 of 2009, COCP No. 190 of 2002 and LPA No. 64 of 2006, as common question of law and facts are involved in these cases. For facility of reference, facts are being mentioned from CWP No. 4816 of 1996.

2. The petitioner Gram Panchayat has filed this writ petition with a prayer to quash notification No. 8-LEG/95 dated 8.5.1995 (P9), vide which, Punjab Act No. 8 of 1995 (in short, Amendment Act of 1995), amending the provisions of Section 2 and 3 of the Punjab Village Common Lands (Regulation) Act, 1961 was notified.

3. The petitioner Gram Panchayat has asserted that in the year 1957, mutation of land measuring 242 kanals 11 marlas was sanctioned in its favour being shamilat deh land. In subsequent jamabandis, the Gram Panchayat continued to be shown as owner of the aforesaid land and the land was being leased out every year to the lessees. Respondent No. 12, on 5.4.1976 allotted 23



















































































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