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2011 Supreme(P&H) 2120

SATISH KUMAR MITTAL, PARAMJEET SINGH
Orion Infrastructure – Appellant
Versus
Commissioner, Gurgaon Division, Gurgaon – Respondent


Advocates:
For the Petitioner (in CWP No. 20385 of 2011):Mr. Arun Jain, Senior Advocate, with Mr. Adarsh Jain, Advocate.
For the Petitioner (in CWP No. 10521 of 2011):Mr. Varun Baanth, Advocate.
For the Respondents No.1 to 8 in CWP No. 20385 of 2011
& Respondents No.1 to 6 (in CWP No. 10521 of 2011): Mr. Ajay Kumar Gupta, Addl. A.G., Haryana.
For the Respondent No.9 in CWP No. 20385 of 2011 &
Respondent No.7 in CWP No. 10521 of 2011: None for Gram Panchayat.

JUDGMENT

Mr. Satish Kumar Mittal, J.: - This order shall dispose of Civil Writ Petitions No. 20385 and 10521 of 2011, which are arising from a common order dated 4.2.2010 (Annexure P-26 in CWP No. 20385 of 2011 and Annexure P-20 in CWP No. 10521 of 2011), passed by the Commissioner, Gurgaon Division, Gurgaon, whereby the revision petition filed by the Social Education and Panchayat Officer, Gurgaon under Section 13-B (2) of the Punjab Village Common Lands (Regulation) Act, 1961 (As Applicable to Haryana) (hereinafter referred to as ‘the Act of 1961’) has been allowed and the order dated 21.11.2000 (Annexure P-5 in CWP No. 20385 of 2011 and Annexure P-7 in CWP No. 10521 of 2011), passed by the Assistant Collector Ist Grade, Gurgaon, partly decreeing the title suit filed by the predecessors of the petitioners, has been set aside being illegal and passed without jurisdiction.

2. Since the common questions of facts and law are involved in both these petitions, therefore, for the purpose of convenience, the facts are being taken from CWP No. 20385 of 2011.

3. The petitioner in this petition has also challenged the interim orders dated 6.2.2006 and 8.1.2008 (Annexures P-22 and P-25), pas


































































































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