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2013 Supreme(P&H) 1488

RAJIVE BHALLA, REKHA MITTAL
Sucha Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:- Gaurav Mohunta, Advocate.
For the Respondent Nos. 1 to 3:- Sudeepti Sharma, Sr. DAG, Punjab.
For the Respondent No. 4:- Dhirinder Chopra, Advocate.

Rekha Mittal, J.;—

The petitioners pray for issuance of a writ of certiorari for setting aside orders dated 19.10.2004 and 30.12.2009 (Annexures P3 and P5), passed by the Collector-cum-Divisional Deputy District Director, Rural Development and Panchayat, Patiala and the Commissioner, Rural Development and Panchayat, Punjab, respectively, under Section 11 of the Punjab Village Common Land (Regulations) Act, 1961 (hereinafter referred to as ''the 1961 Act'').

Before proceeding to adjudicate the rights of the parties, it would be appropriate to narrate the relevant facts. The petitioners filed a suit for declaration of their ownership in respect of land, measuring 25 bighas 1 biswa, situated in the revenue estate of village Janetpur, Tehsil Derabassi, District Patiala, by pleading that they are in continuous possession of the land, in dispute before 26.01.1950, it is excluded from 'shamilat deh'. The petition filed by the petitioners was dismissed by the Collector, by holding that they have failed to establish their continuous possession since 1950. The petitioners preferred an appeal before the Appellate authority but the same was also dismissed. The petitioners claim ownership of the






































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