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2015 Supreme(P&H) 1588

SURYA KANT, P.B.BAJANTHRI
Harbir Singh @ Harbinder Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioners:Mr.Pritam Saini, Advocate.
For the Respondent No.4:Mr.Rajesh Bhardwaj, Additional AG, Punjab., Mr.C.L.Premy, Advocate.

JUDGMENT

Mr. Surya Kant, J.: (Oral) - The petitioners assail the orders dated 30.10.2012 (P-8) and 09.01.2014 (P-10) passed by the Divisional Deputy Director-cum-Collector, Patiala, whereby their declaratory petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, ‘the Act’) was dismissed, as also the order dismissing their statutory appeal.

2. The facts may be noticed briefly.

3. The case set-up by the petitioners in their petition under Section 11 of the Act was that they are owners in possession of the land measuring 48 bighas in khewat No.144, khatauni No.288 and land measuring 10 kanal 12 marlas comprising khatauni No.325 and khewat No.147 within the revenue estate of village Badshahpur Kaleki, Tehsil Samana, District Patiala and that the Gram Panchayat of their village has no concern whatsoever with the said land.

4. The question that arose for determination by the authorities was whether the petitioners or their predecessorin- interest were in individual cultivating possession of the subject land as on 26.01.1950 and if so, whether the subject land stood excluded from ‘abadi deh’ as defined under Section 2(9) of the Act?

5. The petitione












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