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2023 Supreme(P&H) 1084

SURESHWAR THAKUR, KULDEEP TIWARI
Mewa Singh – Appellant
Versus
Divisional Commissioner, Hisar Circle, Hisar – Respondent


Advocates appeared:
Mr. P.K.Mutneja, Senior Advocate with Mr. Brijesh Kumar, Advocate for the petitioner.
Mr. P.P.Chahar, DAG, Haryana. Mr. Sandeep Thakan, Advocate for respondent No. 5.

SURESHWAR THAKUR, J.

Factual Background.

1. The Gram Panchayat Rajthal, instituted on 25.03.2013, a petition under Section 7(1)(2) of the Punjab Village Common Lands (Regulation) Act, 1961, hereinafter for short called as 'the PVCL Act'. In the said petition, one Mewa Singh was impleaded as the respondent-defendant. In the above petition, the petitioner-Gram Panchayat Rajthal, claimed that the respondent therein had made an encroachment, upon, the Gair Mumkin Gali. Therefore, it was prayed that the said encroachment be ordered to be removed from the Gair Mumkin Gali.

2. The learned Collector concerned, through a decision made thereons on 10.12.2015 (Annexure P-7), accepted the said petition. The above decision (Annexure P-7), resulted in the aggrieved therefrom instituting thereagainst an appeal before the competent Appellate Authority concerned. However, the competent Appellate Authority concerned, through a decision made on 30.07.2019, upon, appeal No.159-EA/2015/16 (Annexure P-9), declined the espoused relief to the appellant. Thus, affirmed the verdict, as became previously drawn by the learned Collector concerned (Annexure P-7).

3. Consequently, the aggrieved Mewa Singh preferred

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