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2013 Supreme(P&H) 1120

AJAY K.MITTAL, JASPAL SINGH
Surjit Singh – Appellant
Versus
Additional Director Panchayats – Respondent


Advocates:
Advocate Appeared
Mr. Jagdev Singh, Advocate for the petitioners. Mr. N.K. Verma, Senior DAG, Punjab. Mr. M.L. Saini, Advocate and Mr. A.P. Kaushal, Advocate for respondent No.2.

JUDGMENT

AJAY KUMAR MITTAL, J.

1. The petitioners have approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India for quashing the order dated 11.9.1991 (Annexure P3) passed by respondent No.1 whereby the application of the Gram Panchayat filed under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short “the Act”) was allowed and the Gram Panchayat had been held to be the owner of the property.

2. A few facts necessary for adjudication of the present petition as narrated therein may be noticed. The petitioners were in possession as owners of the land comprised in khewat khatauni No. 65/103 khasra No. 36(65) situated within the revenue estate of village Barkatpur, Tehsil and District Patiala before 26.1.1950. The Gram Panchayat respondent No.2 while claiming its right over the land in dispute on the basis of jamabandi for the year 196364 filed an application under Section 7 of the Act before the Assistant Collector Ist Grade, Patiala. According to the jamabandi, the name of the Gram Panchayat was shown in the column of ownership. Shri Chuhar Singh, predecessor in interest of the petitioners was shown in possessi


















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