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2022 Supreme(P&H) 1722

SURESHWAR THAKUR, N. S. SHEKHAWAT
Parkash Singh – Appellant
Versus
Commissioner (joint Development Commissioner) Panchayat Lands, Sector - 22, Chandigarh – Respondent


Advocates appeared:
Mr. Naresh Prabhakar, Advocate, for the Appellant; Mr. Malkeet Singh, Advocate, for Respondent No. 3-Gram Panchayat. and Mr. Maninder Singh, DAG, Punjab., for the Respondent.

JUDGMENT

Sureshwar Thakur, J. - Through the instant petition, a challenge is made to the order dated 26.03.1999, as carried in Annexure P-2, besides a challenge is also made to order dated 03.06.1999, as carried in Annexure P-3.

FACTUAL BACKGROUND

2. Gram Panchayat, Mand Kulan, through its Sarpanch Gurmeet Singh instituted case No. 5/DDPO of 1998 before the Collector concerned. The above case was filed under Section 7 of the Punjab Village Common Lands Act, 1961 (hereinafter for short called 'the Act'). Through the above petition, a relief was claimed for ejectment of the respondent therein, from the panchayat land, as he had raised Haveli thereons.

3. On the above petition, an affirmative order became recorded/drawn on 26.03.1999, by the learned Collector concerned.

4. The above order became challenged by the aggrieved respondent before the Appellate Authority concerned. However, the Appellate Authority concerned, through an order made on 03.06.1999, after dismissing the apposite appeal, proceeded to affirm the order recorded on 26.03.1999, wherethrough the learned Collector concerned allowed the application for the above purpose, as became filed before him, by the Gram Panchayat Mand

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