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1990 Supreme(P&H) 638

R.S.MONGIA, J.V.GUPTA, M.S.LIBERHAN
Gram Panchayat Village, Bathoi Kalan, Patiala – Appellant
Versus
Jagar Ram – Respondent


Judgment

J.V.GUPTA and C.J JJ.

1. Civil Writ Petition No.1870 of 1986, when came up for motion hearing, the same was admitted to the Full Bench with the following order.

"Counsel for the respondents cites Division Bench decisions in Baldev Singh V/s. State of Punjab, (1983) 1 Land LR 385 and Gurnam Singh V/s. Joint Director, Panchayats, Punjab, 1984 Pun LJ 580 which have taken a view contrary to each other on the same point."

Later on when L.P.A. No. 13 of 1986, came up for final hearing, this fact was brought to the notice of the Bench and consequently, the said L.P.A. which was against the judgment in Civil Writ Petn. No. 217 of 1985, which was decided on 1/11/1985 (now reported in 1986 Pun LJ 404) was also ordered to be heard and decided by a Full Bench along with the said writ petition.

2. The facts giving rise to the said L.P.A. were that the Gram Panchayat of Village Bathoi Kalan, Tehsil and District Patiala, filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 , (hereinafter called the Act), for ejectment of Labh Singh, respondent, from the land measuring 296 kanals 6 marlas, situated in village Bathoi Kalan, Tehsil and District Patia











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