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2012 Supreme(P&H) 445

RAJIVE BHALLA, RAKESH KUMAR JAIN
Gurdev Singh (deceased) through – Appellant
Versus
Additional Director, Panchayats, Punjab – Respondent


Advocates:
For the Petitioner:Mr. Ashok Singla, Advocate.
For the Respondent No.1: Mr. Manoj Bajaj, Addl. A.G., Punjab.
For the Respondent No.2:Mr. P.K.Gupta, Advocate.

JUDGMENT

Mr. Rakesh Kumar Jain, J.: - The petitioners have challenged order dated 27.03.1991 (Annexure P-6), passed by the Additional Director, Panchayats, Punjab, exercising the powers of Commissioner, by which order passed by the Collector-cum-DDPO, Patiala, dated 10.04.1989, on an application filed by the petitioner under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 [for short “1961 Act”], seeking declaration of his title over the land measuring 101 Kanals, situated in village Paharipur, Tehsil and District Patiala, has been reversed.

2. In short, the case set up by the petitioner is that at the time of settlement of the village in the year 1940-41, cultivable land was recorded in the names of various right holders, whereas the land which was Banjar Kadim was recorded as Shamilat Deh Hasab Hisis Mundarja Shajra Nasab. It is alleged that as per jamabandi for the year 1947-48, corresponding to Samat 2004-2005, the land bearing Khasra No.99 (Tibba), measuring 84 Bighas 17 Biswas, was Banjar Kadim and under cultivation of the petitioner as co-sharer, without making payment of any rent. After consolidation and re-partition, Khasra No.99 was converted into Kil


































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