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2016 Supreme(P&H) 2127

MAHESH GROVER, SHEKHER DHAWAN
Laxmi – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.P. Kaushal, Advocate.
For the Respondent:Mr. B.S. Bali, Advocate.

JUDGMENT :

Mahesh Grover, J.

1. The petitioners impugn the orders Annexures P-6, P-9 and P-3.

2. An order adverse to the petitioners under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') was passed way back on 23.05.2005. No appeal was preferred by the petitioners against this order for more than 9 years. Whereafter they moved an application before the Collector invoking Section 11 of the Act which was returned to them on 16.07.2014. These proceedings too were initiated by the petitioners after a lapse of 9 years after the order dated 23.05.2005.

3. Subsequent thereto the petitioners preferred an appeal against the order dated 23.05.2005 along with an application for condonation of delay of 4333 days in filing the appeal. The said application was dismissed leading to a challenge in the writ proceedings where the Court observed as follows:-

“In our considered view, no fault can be found with the impugned order rejecting the application for condonation of delay or consequently dismissing the appeal, unless the petitioners make out a case that no Court proceedings were held on the dates mentioned in the impugned order. We thus decl







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