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[Cites 1, Cited by 138]

Punjab-Haryana High Court

Sardool Singh And Others vs State Of Haryana And Others on 24 March, 2014

Bench: Hemant Gupta, Fateh Deep Singh

           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                                                                      CWP No.5550 of 2014
                                                                  Date of decision: 24.3.2014

           Sardool Singh and others                                        .....Petitioners

                            VERSUS
           State of Haryana and others                                     .....Respondents

           CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
                          HON'BLE MR. JUSTICE FATEH DEEP SINGH
           Present:            Mr. Naresh Kaushik, Advocate, for the petitioners.

                   *******
           HEMANT GUPTA, J.(Oral)

The petitioners claim that a writ of mandamus to conduct an inquiry into possession of the private respondents over the shamlat land in pursuance of forged, collusive and compromise decrees.

The petitioners are the inhabitants of the village Theh Newal, Tehsil Guhla, District Kaithal the land which is said to be encroached upon by the private respondents.

Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act') confers right on any person including inhabitants of the village to claim title over the property as having vested in Panchayat.

In view of the said fact, all disputed questions of fact are required to be decided in terms of the alternative machinery provided under the Act.

Dismissed.


                                                              (HEMANT GUPTA)
                                                                     JUDGE



           MARCH 24, 2014                                     (FATEH DEEP SINGH)
           'D. Gulati'                                               JUDGE
Diwakar Gulati
2014.03.28 16:27
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