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2012 Supreme(P&H) 798

RAJIVE BHALLA, RAKESH KUMAR JAIN
Parkash Singh – Appellant
Versus
Joint Development Commissioner, Punjab – Respondent


Advocates:
For the Petitioners:Mr. P.K.Gupta, Advocate
For the State: Mr. Manoj Bajaj, Addl. A.G.,Punjab.
Mr. Arun Jain, Senior Advocate with Mr. Amit Jain, Advocate.
For the Respondent no.3 in CWP No.2318 of 2003:Mr. Abhinash Jain, Advocate for Mr. B.R.Mahajan, Advocate.
For the Respondent-Gram Panchayat:Mr. Rakesh Chopra, Advocate
Mr. Ashok Singla, Advocate.

JUDGMENT

Mr. Rajive Bhalla, J.: - A reference has been made by one of us (Rajive Bhalla, J.) to a larger Bench with respect to the following questions:-

“1. Whether a Director Consolidation, exercising power under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 can decide whether land vests or does not vest in a Gram Panchayat?

2. If answer to the first question is in the negative, then whether an order passed by a Director Consolidation, determining ownership of a Gram Panchayat, affirmed by the High Court and the Supreme Court operates as res-judicata in a subsequent petition, filed under Section 11 of the Act?

3. Whether Section 13-B of the Act empowers the Collector, exercising jurisdiction under Section 11 of the Act, to disregard an order passed by the Director Consolidation, that has been affirmed by the High Court and the Hon’ble Supreme Court?

4. Whether a plea that the order passed by the Director Consolidation was obtained by fraud can be raised after the order has been affirmed by the High Court and the Hon’ble Supreme Court?”

2. We have heard counsel for the parties.

3. In order to place the aforementioned questions in their correct p


































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