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2023 Supreme(P&H) 1823

SURESHWAR THAKUR, KULDEEP TIWARI
Hukmi Devi (now deceased) through LRs – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties : Mr. Pankaj Gautam, Mr. Ashish Aggarwal, Mr. Vishal Pundir, Mr. Raman Sharma AAG, Haryana, Mr. Jagdish Manchanda, Mr. Gurpreet Jayia

Judgment

Mr. Kuldeep Tiwari, J.

The petitioners have, through the instant writ petition, assailed the validity of the orders drawn on 29.11.2018 (Annexure P-11) and on 30.05.2017 (Annexure P-10), respectively by the learned Commissioner concerned and by the learned Collector concerned.

2. Since the present case has a chequered history, therefore, before proceeding to deal with the submissions of the learned counsels and before embarking upon the process of answering the questions of law, as become raised in the instant petition, it would be apposite to initially succinctly enumerate the factual backdrop of the case.

FACTUAL BACKGROUND

3. The genesis of the present case dates back to early 1950s. As per the Jamabandi for the years 1950-1951 and 1955-1956, the total area of village Bhuna is 22334 Bighas 14 Biswas, therefrom, an area of 15648 Bighas is recorded as “shamlat deh”, area whereof includes an area of 2408 Bighas 4 Biswas thus recorded as “Banjar Qadim”. Upon enactment and coming into force of the Punjab Village Common Lands (Regulation) Act, 1953 (hereinafter referred to as the “Act of 1953”), the “shamlat deh” lands in a village came to statutorily vest in the Gram Panchayat a

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