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2023 Supreme(P&H) 1356

SURESHWAR THAKUR & SUDEEPTI SHARMA
Gurdev Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anureet Singh Sidhu, Advocate
For the Respondent: Mr. Maninder Singh, adv

JUDGMENT :

SUDEEPTI SHARMA, J.

1. One Buta Singh instituted an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act of 1961’), before the learned Collector exercising jurisdiction, as such, under the Act of 1961.

2. In the said application, Buta Singh (respondent No. 4 herein), claimed that the petitioner in the present petition (respondent therein), had made encroachment, upon the gair mumkin street shown as ABCD in the red colour in the site plan, as were attached to the application (supra).

3. It is averred in the said application, that the applicant therein owned a property opposite to his house, wherein, he has installed a Gobar Gas Plant, and, also using the same for storing of Toori. It is further averred in the application (supra), that between the house and plot of the applicant, there is a public street. On the both sides of the said public street there is a house and plot of the petitioner herein. It is further averred in the application (supra), that the petitioner herein threatened to encroach over the said public street, and, also extended threats to the applicant from using the said street.

4. The application filed by B

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