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2014 Supreme(P&H) 210

HEMANT GUPTA, SURINDER GUPTA
Shera – Appellant
Versus
Director, Rural Development & Panchayat Department – Respondent


Advocates:
For the Petitioners:Mr. P.K. Gupta, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - Challenge in the present petition is to an order passed by the Director, Rural Development & Panchayat Department, exercising the powers of the Commissioner on 18.03.2013 (Annexure P-8) affirming the order dated 21.12.2006 (Annexure P-5) passed by the Collector -cum- Divisional Deputy Director, Panchayats, declaring the Panchayat to be the owner of land in dispute.

2. The Panchayat filed a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act’) claiming its ownership over the land bearing Khewat No.279, Khatauni No.490, Khasra No.55//16(8-0), 24(8-0), 74//5(8-0), 58//11(8-0), 59//26(0-13), 59//17/1(6-0), total measuring 38 kanals 13 marlas situated in village Balbera, Tehsil & District Patiala in the case of the present petitioners apart from some other petitions in respect of other persons relating to separate parcels of land.

3. The Panchayat claimed to be owner of the land, which is a shamlat deh in its possession prior to 1950. The Panchayat is said to have given the land in question to the present petitioners on lease, but after the expiry of lease, the possession was not delivered. It was also


































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