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2014 Supreme(P&H) 408

HEMANT GUPTA, FATEH DEEP SINGH
Prithi Ram – Appellant
Versus
Gram Panchayat of village Reona Bhola – Respondent


Advocates:
For the Petitioner:Mr. Amarjit Markan, Advocate.
For the Respondent No.1:Mr. Umesh Kumar, Advocate.
For the Respondents No.2 to 5:Mr. Piyush Kant Jain, Additional Advocate General, Punjab.

JUDGMENT

Mr. Hemant Gupta, J. (Oral):- The challenge in the present writ petition is to an order passed by the Collector on 31.05.1984 (Annexure P-18) in an application under Section 7 and 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act’) and the order in an appeal under Section 7 and 11 of the Act passed by the Commissioner against the said order on 22.07.1987 (Annexure P-19).

2. The Gram Panchayat filed a petition under Section 7 of the Act (Annexure P-26) on 09.06.1981 and later a petition under Section 11 of the Act on 22.07.1982 (Annexure P-29). Both the petitions were decided by the common order, impugned in the present writ petition. In the petition under Section 11 of the Act, the assertion of the Gram Panchayat is that the land vest in Panchayat from the date of enforcement of the shamilat law and has been under its management, whereas the respondents (present petitioners) are now denying the title of Gram Panchayat on the basis of long possession. The present petitioners in the reply (Annexure P-30) asserted that the Panchayat has never managed this land. It has been under actual use, occupation and cultivation of the petitioners. It was a



































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