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2019 Supreme(P&H) 2262

RAKESH KUMAR JAIN, AVNEESH JHINGAN
Sudesh Kumar And Others – Appellant
Versus
State Of Haryana And Others – Respondent


Advocates Appeared:
Mr.Vikram Singh Dhakia, Advocate, for the Appellant; Mr. Sandeep Moudgil, Addl. Advocate General, Haryana. Mr. Sanjiv Gupta, Advocate, Mr. Vinod K. Kanwal, Advocate, for the Appellant/Respondent

JUDGMENT

Rakesh Kumar Jain. J (Oral) - This order shall dispose of two writ petitions bearing CWP No.29038 of 2018 and CWP No.12579 of 2018 as the issue involved in both the writ petitions is same. However, for the sake of convenience, facts are being taken from CWP-29038-2018.

CWP-29038-2018

2. An interesting question has arisen in this petition as to whether a revision under Section 13-B(2) of the Punjab Village Common Lands (Regulation), Act, 1961 (for short ' the Act of 1961') would be maintainable before the Commissioner against the order passed by the Collector on an application filed under Section 7 of the Act of 1961?

3. In brief, the facts are that respondent no.5 filed an application under Section 7(2) of the Act of 1961 against the present petitioners for seeking their eviction from the land falling in khasra no.14 (6-7), stated to be a Gair Mumkin Abadi, on the ground that the said land is a shamlat deh. The application was allowed by the Assistant Collector 1st Grade (for short 'ACIG'), Indri District Karnal vide its order dated 12.02.2018 (Annexure P-5). An appeal filed by the petitioners against that order under Section 13-B (1) of the Act of 1961 was dismissed by the

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