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2023 Supreme(P&H) 3483

SURESHWAR THAKUR, KULDEEP TIWARI
Seema Devi – Appellant
Versus
Director Rural Development and Panchayat (Appeal) Sas Nagar Mohali – Respondent


Advocates Appeared:
Mr. Inderjit Sharma, Advocate; For the Petitioners
For the Respondent: Mr. Maninder Singh, DAG, Punjab.
Mr. C.L.Premy, Advocate with Ms. Raman Rekhi, Advocate for the respondent No.3- Gram Panchayat.

Table of Content
1. eviction case initiation and background (Para 1)
2. amendment to act inclusive of abadi deh (Para 2 , 3 , 4)
3. petitioners' usage claim challenges (Para 5 , 6)
4. disputed space usage verification (Para 7)
5. writ petition dismissal and order (Para 8 , 9)

JUDGMENT

Sureshwar Thakur, J.

Gram Panchayat Village Sibbo Chack, Block and Tehsil Mukerian, District Hoshiarpur, through its Sarpanch, instituted case No.3 of 2017, before the learned Collector concerned. The case (supra) was cast under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), against the present petitioners, respondents therein, thus seeking for their eviction from the petition land(s). Through an order made thereon, on 25.01.2018 (Annexure P-3), the learned Collector concerned decreed the said eviction petition. The aggrieved therefrom, instituted thereagainst, an appeal bearing No.1631 of 2018, before the competent appellate authority concerned, who, through a decision made thereon, on 28.06.2019 (Annexure P-4), after concurring with the verdict, as became earlier made by the learned Collector concerned (Annexure P-3), thus proceeded to d

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