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2021 Supreme(P&H) 994

ANIL KSHETARPAL
Labh Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Sanjeev Patiyal, Advocate, Pankaj Gupta, Advocate, Munish Jolly, Advocate

JUDGMENT

Anil Kshetarpal, J. - The petitioners herein are all the elected office bearers of Gram Panchayat Saini Majra. On 28.01.2021, the Director-cum-Secretary, Department of Village Development and Panchayat, Punjab, has suspended them from the respective offices of Sarpanch and Panches in exercise of powers under Section 20 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as "the 1994 Act"). The correctness whereof has been assailed in this writ petition.

2. In the considered view of this Court, the following questions arise for consideration:

I. Whether by inserting Section 42A in the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as "the 1948 Act"), the proprietors of the village stand divested of the ownnership of "Jumla Mushtarka Malkan Wa Digar Haqdaran Arazi Hassab Rasad Rakba" land.?

If the answer to question No.I is in negative, then the second question, which arises for consideration is-

II. Whether the proprietors are entitled to the amount of sale Consideration/compensation of "Jumla Mushtarka Malkan Wa Digar Haqdaran Arazi Hassab Rasad Rakba" land?

If the answer to question No. I is in negative and q

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