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SURESHWAR THAKUR, KULDEEP TIWARI
Gram Panchayat Village Dhamouli Majri – Appellant
Versus
Commissioner Ambala Cantt. – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
On the request of both the counsels for the parties, both the petitions are taken up together, as both petitions arise from the common dispute.
2. For the sake of brevity, the facts are taken from CWP-11471- 2023.
3. The Gram Panchayat, village Dhamoli Majri, Tehsil Naraingarh, District Ambala has filed the present petition seeking quashing of order dated 17.5.2013 (Annexure P-8) passed by the Commissioner, Ambala Division, Ambala (respondent No.1) vide which permission was granted to private respondents No.4 to 13 to harvest the crops and also directed the Asstt. Collector Ist Grade, Naraingarh to provide police protection for enabling the petitioner to cut the trees and harvest the crops. The case is best example where deliberately multiple litigations is generated from an order of status-quo dated 29.3.2023 passed by this Court in CWP No.6840 of 2023 in order to derive undue benefits. Therefore, to settle the dispute once and for all, it is imperative for us to discuss the factual issues in detail.
Factual Matrix
4. The private respondents No. 4 to 13 had earlier approached this Court seeking quashing of the notice(s) under Section 24 (2) of the Hary
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
The Collector lacks jurisdiction to alter land mutations based on overruled amendments; disputes over land rights must be resolved through civil suits.
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