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2015 Supreme(P&H) 132

SURYA KANT, RAJ MOHAN SINGH
Gram Panchayat Village Mulepur – Appellant
Versus
Prem Singh – Respondent


Advocates:
For the Petitioner in CWP No.2141 of 1986:Mr. S.S. Rangi, Advocate
For the Petitioner(s) in CWP No.5177 of 1995 &
CWP Nos.7887, 7888 & 7889 of 1997:Mr. Gurcharan Singh, Advocate.
For the Respondent: Mr. Aman Bahri, Addl. A.G., Punjab.
For the Respondents No.2 & 3
in CWP No.2141 of 1986:Mr. Rajiv Kataria, Advocate.
For the Respondent No.2 in CWP No.5177 of 1995:Mr. Baljinder Singh, Advocate.
For the Respondent(s) in
CWP Nos.7887, 7888 & 7889 of 1997:Mr. Anshuman Chopra, Advt. for Mr. Amarjit Markan, Advocate.

JUDGMENT

Mr. Raj Mohan Singh, J.: - Vide this common order we propose to dispose of CWP Nos.2146 of 1986, 5177 of 1995, 7887, 7888 and 7889 of 1997 as common question of law is involved in these cases. The facts are taken from CWP No.2146 of 1986.

2. Petitioner(s)-Gram Panchayat seeks quashing of orders dated 06.10.1982 and 27.12.1985 (Annexures P-4 & P-5), passed by Collector-cum-DDPO Patiala and Joint Director, Panchayats, Punjab respectively, exercising the powers under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the ‘1961 Act’).

3. Before adverting to the rival claims of the parties, it would be necessary to pin down brief facts.

4. Predecessors-in-interest of respondents No.1 to 3 filed a petition under Section 11 of the 1961 Act for declaration of their title in respect of 86 Kanal 17 Marla of land as detailed in para 1 of the writ petition. On earlier occasion the petitioner-Gram Panchayat resorted to proceedings under Section 7 of the 1961 Act which was dismissed by the Collector, Bassi, holding that the petitioner was not entitled to seek possession of the suit land as the possession of the respondents was found to be mor





































































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