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2012 Supreme(P&H) 600

RAKESH KUMAR JAIN, RAJIVE BHALLA
Gram Panchayat of Village Phoolpur – Appellant
Versus
Director, Lands Records, Punjab, Jallandhar – Respondent


Advocates:
For the Petitioner:Mr. Umesh Kumar, Advocate.
For the Respondent No.1:Mr. J.S. Puri, Additional Advocate General, Punjab.
For the Respondents No.2 to 8:Mr. Sarjit Singh, Senior Advocate with Mr. Jagdev Singh, Advocate.

JUDGMENT

Mr. Rajive Bhalla, J.: - CM No.2633 of 2012

CM is allowed.

Copies of jamabandis for the years 2001-02 and 2006-07 (Annexures R-3 and R-4) are taken on record.

Civil Writ Petition No.18291 of 2008

1. The petitioner prays for issuance of a writ in the nature of certiorari quashing order dated 21.3.2007 passed by Director Land Records, Punjab, Jallandhar.

2. The Director Land Records ordered partition, amongst proprietors (respondents no. 2 to 8), of land measuring 92 Kanals-15 Marlas and 75 Kanals-10 Marlas, entered in the revenue record as Gram Panchayat Deh and also directed that the name of the Gram Panchayat be deleted from the column of cultivation.

3. The Gram Panchayat filed a review petition under section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the “1948 Act”) pleading that as on the date fixed, the case was not shown in the list, it could not be defended by the Gram Panchayat. The petition was dismissed by holding that the Director has no power of review.

4. Counsel for the petitioner contends that as the land in dispute is recorded as ownership of the Gram Panchayat, the Director, Consolid











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