H.S.BRAR, K.S.KUMARAN, SWATANTER KUMAR
Roshan Alias Roshan Lal – Appellant
Versus
Secretary, Govt. Of Haryana Development And Panchayat Deptt. , Chandigarh – Respondent
HARPHUL SINGH BRAR, J.
1. Full Bench was constituted by the Hon ble Chief Justice on a reference made by the learned Single Judge of this Court, as according to the learned Judge, the decision recorded in C.W.P. No. 17276 of 1991 Om Parkash V/s. The Assistant Collector 1st Grade, Narnaul does not appear to be laying down correct law; as according to the learned Single Judge the observations made in a Division Bench Judgment of this Court in Jaimal V/s. The Commissioner, Ambala Division, 1969 Punj LJ 378, are in direct conflict with the judgment in Om Parkashs case (supra).
2. In our view it shall be advisable to reproduce the reference made by the learned Judge which reads as under :-
"Petitioners Roshan Lal and others through present writ filed by them under Articles 226/227 of the Constitution of India seek a writ in the nature of certiorari so as to quash order passed by the Assistant Collector and the Collector Karnal vide which they have been evicted from the land in dispute under the provisions of the Punjab Village Common Lands (Regulation) Act, 1961.One of the points raised in the writ petition is that a lessee whose lease period has already expired and who is in po
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