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2011 Supreme(P&H) 1530

ALOK SINGH
Sukhdev Singh – Appellant
Versus
Gram Panchayat Thikriwal – Respondent


Advocates:
Present:Mr. S.D. Sharma, Sr. Advocate, with Mr. Anupam Sharma, Advocate, Mr. Arun Jain, Sr. Advocate, with Mr. Jaivir S. Chadail, Advocate, and Mr. B.S. Jaswal, Advocate,for the petitioners.
Mr. Jaswinder Singh, DAG, Punjab.
Mr. Gaurav Dhir, DAG, Haryana.
Mr. V.K. Sandhir, Advocate, for the Gram Panchayat in CWP No.10911 of 2008.
Mr. J.S. Bandohal, Advocate, for respondent No.3 in CWP No.4739 of 2010.
Mr. V.S. Rana, Advocate.

JUDGMENT

Alok Singh, J.:- In all the petitions, property in question is recorded either as “Shamlat Deh Hasab Rasad Zar Khewat” or as “Shamlat Deh Hasab Hisas Mundarja Shijra Nasab”. In all the petitions, properties in question stood vested in Panchayats as per Section 3 of Punjab Village Common Lands (Regulation) Act, 1953 (hereinafter called as ‘1953 Act’) and were mutated in favour of Panchayat in the year 1957. Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called as ‘the 1961 Act’) came into force w.e.f. 1961 repealing 1953 Act with saving clause as provided under Section 16 of the 1961 Act. Thereafter, plaintiffs have filed different petitions under Section 11 of the 1961 Act seeking declaration that plaintiffs be declared owners of the land and for deleting the name of Panchayat as owner from the revenue record. In some petitions filed by plaintiffs, learned Commissioners have held that since property was recorded as “Shamlat Deh Hasab Rasad Zar Khewat” in jamabandi for the year 1948-49 and Panchayat could not prove that suit land was kept reserved for common purposes of the village, therefore, proprietors thereof are the owners of the property and property s

























































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