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2007 Supreme(P&H) 1100

P.SATHASIVAM, RAJIVE BHALLA
Amrik Singh – Appellant
Versus
Joint Development Commissioner – Respondent


Advocates:
For the Petitioners:Mr.Vikas Bahl, Advocate
For the Respondents: Mr. N.D.S. Mann, Add l.A.G. Punjab.

JUDGMENT

Rajive Bhalla, J.- Challenge in the present writ petition is to the orders dated 10.11.2004 and 22.12.2004 passed by the Joint Development Commissioner, Punjab (exercising the powers of the Commissioner), under the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as ‘the Act’) accepting an appeal filed by the Gram Panchayat-respondent no.3 and dismissing an application for review filed by the petitioner.

2. The petitioner’s refrain briefly put is that in the absence of any application filed under Section 11(1) of the Act, the Joint Development Commissioner had no jurisdiction to entertain the appeal filed by the Gram Panchayat under Section 11(2) of the Act.

3. The petitioner, claiming to be lessee of the Central Government and in possession of the land in dispute, filed a suit for permanent injunction before the District Development and Panchayat Officer-cum- Collector (D.D.P.O.) to restrain the Gram Panchayat from dispossessing him, except in due course of law. It was pleaded that as per revenue record, the land belonged to the Central Government and the Gram Panchayat had no right to the land. The D.D.P.O. vide order dated 2.5.2000, dismissed











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