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2012 Supreme(P&H) 399

JORA SINGH, RAJIVE BHALLA
Bundi Ram (deceased) through – Appellant
Versus
Commissioner, Ambala Division Ambala – Respondent


Advocates:
For the Petitioners:Mr. M.L. Sarin, Senior Advocate with Mr. S.N. Saini, Advocate.
For the Respondent No.3, Gram Panchayat:Mr. Arvind Singh, Advocate.

JUDGMENT

Mr. Rajive Bhalla, J.: - By way of this order, we shall decide CWPs No. 4494, 4495, 4496, 4497 of 1985 and 4521 of 2005, as they involve adjudication of the common questions of fact and law. Facts necessary for adjudication are being taken from CWP No.4495 of 1985 and CWP No.4521 of 2005.

2. The petitioners pray for issuance of a writ in the nature of certiorari to set aside orders dated 29.05.1984 and 29.01.1985, passed by the Collector, Ambala and the Commissioner, Ambala Division, Ambala, respectively, holding that the land in dispute vests in the Gram Panchayat.

3. CWP No.4521 of 2005 has been filed by another set of proprietors, praying for the same relief, though without approaching the Assistant Collector under Section 13-A of the 1961 Act but as it was ordered to be heard along with the other writ petitions, it is being taken up for consideration.

4. The question that calls for an answer is whether the land in dispute vests in the Gram Panchayat or in the petitioners. The petitioners assert, their ownership and exclusion of the land in dispute from Shamilat Deh on the pleas that (a) the land in dispute though “Shamilat Deh Hasab Hissas Biswat” in possession of “Ma


































































































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