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1982 Supreme(P&H) 306

S.S.SANDHAWALIA, S.S.SODHI
Dharam Pal – Appellant
Versus
State Of Haryana – Respondent


Judgment

S.S.Sandhawalia, J.

1. The petitioners claim title to the land which according to the respondents vested in the Gram Panchayat. On an application filed against the petitioners under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called the Act), the Assistant Collector 1st Grade, Rohtak, by his order of 24.8.1981 (annexure P- 2) held that the land in question vested in the Gram Panchayat under Section 2(g)(4) of the said Act. This order was upheld in appeal by the Collector Rohtak by his order of 14.6.1982 (annexure P-3).

2. It is now well-settled and it is also so accepted by the parties that when in such proceedings a question of title is raised, the Assistant Collector 1st Grade shall first decide the question of title under Sections 13-A and 13-B of the Act before proceeding to decide the questions raised in the application under Section 7 thereof. This was also so held in Tara Chand v. Gram Panchayat Atail, 1979 P.L.J. 1. In this view of the matter, the orders annexures P-2 and P-3 are hereby quashed with the direction that the Collector should first determine the question of title raised in this case by the petitioners in accordance w

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