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2023 Supreme(P&H) 1052

SURESHWAR THAKUR, KULDEEP TIWARI
Nishan Singh (Since Deceased) Through Lrs. – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Swarn Tiwana, Advocate for the petitioner.
Ms. Monika Jalota, Sr. DAG, Punjab

SURESHWAR THAKUR, J.

1. Gram Panchayat Raipur Gujjran, Tehsil Bassi Pathana, District Fatehgarh Sahib instituted case No.216-Additional Deputy Commissioner(D)/ Collector, before the learned Collector concerned. The said petition was instituted under the provisions of Section 11 of The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as “the Act”). A claim for rendition of a declaratory decree was made therein, inasmuch as, the petitioner therein, being declared as owner of the suit land, as it falls within the inclusionary definition of Shamlat Deh. The above misl case, was decided on 07.09.2018, verdict whereof is enclosed in Annexure P-1, whereby the asked for declaratory relief was granted to the petitioner (supra). The aggrieved therefrom preferred appeal No.000266 of 2019 before the Competent Appellate Authority. The Competent Appellate Authority made thereons a decision on 05.01.2022, whereby it affirmed the earlier decision, as became rendered on the apposite lis by the learned Collector concerned. Resultantly, the aggrieved from the said made concurrent decisions against them by the Statutory Authorities below, are led to institute thereagainst, th

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