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2023 Supreme(P&H) 1091

SURESHWAR THAKUR, KULDEEP TIWARI
Gurcharan Singh – Appellant
Versus
Joint Development Commissioner, Punjab – Respondent


Advocates appeared:
Mr. R.K. Garg, Advocate for Mr. J.S. Bhandohal, Advocate for the petitioners.
Ms. Monika Jalota, Sr. DAG, Punjab.
Mr. V.K. Sandhir, Advocate for the respondent No.4.

KULDEEP TIWARI, J.

FACTUAL BACKGROUND

1. Through a petition instituted before the ld. Collector concerned, under Sections 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, (hereinafter referred to as the ‘Act of 1973’), the respondent No.2- Gram Panchayat, sought eviction of the petitioners from the petition land(s). The petition (supra) was accepted by the ld. Collector concerned, vide its order dated 05.09.2019, thereby ordering for the eviction of the petitioners from the petition land(s).

2. Feeling aggrieved by the eviction order (supra), the petitioners threw a challenge thereto, by filing a statutory appeal before the learned statutory authority, i.e. respondent No.1. However, the appeal so preferred by the petitioners was also dismissed vide order dated 16.12.2020.

3. Consequently, the petitioners, through the instant writ petition, challenge the concurrently made orders against them by the statutory authorities below.

SUBMISSIONS BY COUNSELS FOR THE PARTIES

4. The learned counsel appearing for the petitioners has submitted that the petition land(s) has been recorded as “Gair Mumkin Abadi” in the revenue record, thus the petition land(s) is ex

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