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2014 Supreme(P&H) 346

HEMANT GUPTA, FATEH DEEP SINGH
Gram Panchayat of Village Bajghera – Appellant
Versus
Financial Commissioner (Revenue) Haryana – Respondent


For the Appellant:Mr. Ashish Aggarwal, Senior Advocate with S/Mr. Kulwant Singh & Mr. Kartik Gupta, Advocates.
For the Respondent Nos. 1 to 4: Mrs. Shubhra Singh, DAG, Haryana.
For the Respondent Nos. 10 & 11:Mr. Puneet Bali, Senior Advocate, with Mr. Gaurav Sarin, Advocate.
For the Respondent No. 13:Mr. Ranjit Saini, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.:- The present Letters Patent Appeal is directed against an order passed by the learned Single Bench on 15.2.2011 whereby the writ petition filed by the appellant was dismissed as also an order passed in review on 21.10.2011, whereby the review application filed by the appellant after producing additional documents, was also dismissed.

2. The facts in brief are that one Raj Singh and Mehar Singh filed a petition under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act’), alleging therein that the Gram Panchayat is owner in possession of the land measuring 2218 kanals and 6 marlas as per the Jamabandi for the year 1994-95 and that respondent Nos. 1 to 8 (some of whom are also the respondents in the present appeal as well) are in unauthorized possession of the same. In such petition, an order was passed on 28.9.1998 to treat the petition under Section 7 of the Act as a regular suit under Section 7(3) of the Act and the non-applicants were ordered to file the plaint/suit. Such suit was dismissed on 27.5.1999 (Annexure R.13/1), holding that the Gram Panchayat is owner and in possession of the suit land. The appeal agains


























































































































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