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2017 Supreme(P&H) 2910

SURYA KANT, SUDHIR MITTAL
Ved Singh – Appellant
Versus
Gram Panchayat, Nainetalpur – Respondent


For the Petitioners:Mr. Gaurav Mohunta, Mr. Sailender Singh, Advocates
Mr. SP Chahar, Advocate for Gram Panchayat
Mr. D.Khanna, Addl. AG Haryana

JUDGMENT

Mr. Surya Kant, J.: (Oral) - This order shall dispose of CWP No.1461 of 2006; and CWPNo.15566 of 2015 as the point in issue involved in both the writ petitions iscommon in nature. Though the facts are mainly extracted from CWP No.1461of 2006 but a brief reference to the relevant facts from CWP No.15566 of 2015is also made.

2. The petitioners are residents of village Nainetalpur, Tehsil andDistrict Sonepat. They claim themselves to be co-sharers and in cultivatingpossession of the land belonging to thola Bhagirath measuring 227 kanal 8marla situated within the revenue estate of their village. It is averred that theaforesaid land is in their cultivating possession from the time of theirforefathers and it is so reflected in the entries made in the jamabandi for theyears 1935-36, 1939-40, 1943-44 and onwards.

3. Since the Gram Panchayat was asserting its claim qua the land indispute having vested in it, the petitioners filed a suit for declaration underSection 13A of the Punjab Village Common Lands (Regulation) Act, 1961 asapplicable to the State of Haryana, seeking ownership and possessory rightsover the land in dispute. Their suit having been dismissed by Collector, Sonepatvide



















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