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2015 Supreme(P&H) 1957

RAJIVE BHALLA, AMOL RATTAN SINGH
BHAGAT SINGH – Appellant
Versus
JOINT DEVELOPMENT COMMISSIONER (IRD), PUNJAB – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Balbir Singh, Advocate, G.S. Nagra, Advocate, Rajinder Sharma, Advocate
For the Respondent:P.S. Bajwa, Addl. A.G. Punjab and Nakul Sharma, Advocate, G.S. Virk, Advocate

JUDGMENT :

RAJIVE BHALLA, J.

1. By way of this order, we shall decide CWP-9323-2014, CWP-6195-2012, CWP-17118-2012 and CWP-6815-2012 as they raise common questions of fact and law. For the sake of convenience, facts are being taken from CWP-9323-2014.

2. The petitioners pray for issuance of a writ of certiorari, quashing orders dated 18.04.2011 (Annexure P-4) and 20.03.2012 (Annexure P-7), passed by the Collector-cum-District Development and Panchayat Officer, Amritsar and the Joint Development Commissioner, Punjab (exercising the power of the Commissioner under the Punjab Public Premises (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the "Public Premises Act").

3. Counsel for the petitioners submit that the petitioners purchased the land, in dispute, vide separate sale deeds and are, owners in possession. The land is not public premises or amenable to the Public Premises Act. The Gram Panchayat, therefore, could not maintain a petition for the petitioners' eviction, under the Public Premises Act. It is further submitted that a perusal of the jamabandi for the year 2006-07 (Annexure P-3) reveals that the land, in dispute, is recorded as Jumla Mushtarka Malkan, in po







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