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2023 Supreme(P&H) 923

SURESHWAR THAKUR, KULDEEP TIWARI
Tarsem Lal – Appellant
Versus
Director, Rural Development and Panchayat Department – Respondent


Advocates appeared:
Mr. G.S. Nagra, Advocate and Mr. K.S. Rawat, Advocate for the petitioner(s).
Mr. Karanjit Singh, Addl. A.G., Punjab. Mr. Rakesh Kumar, Advocate for the respondent-Gram Panchayat.

KULDEEP TIWARI, J.

1. This order shall dispose of CWP-6780-2022, CWP-29001-2022, CWP-29031-2022, and, CWP-29093-2022, as they arise out of the same order dated 21.05.2021, passed by the respondent No.1. For brevity, the facts are being extracted from CWP-6780-2022.

2. The petitioner herein had filed a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act' for short) seeking a declaration to the effect that he is owner in possession of the suit land, measuring 16 Kanals 0 Marla, situated in the revenue estate of Village Gadani, Sub Tehsil Dilwan, Tehsil and District Kapurthala, pleading therein that the Gram Panchayat Gadani has no concern, whatsoever, with the suit land, as the same is Nazul land, which was allotted to one Bhagat Ram, and, qua that a Rapat Roznamcha (Diary Report) has been entered on 31.08.1963. It was further pleaded that Bhagat Ram had died issueless, and, during his lifetime, he had executed a Will in favour of the petitioner. Thereupon, the respondent- Gram Panchayat had filed written statement, pleading therein that the suit land is not Nazul land, rather, the same belongs to Gram Panchayat, as p

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