Punjab-Haryana High Court
Gram Panchayat Doctor Ambedkar Nagar Th ... vs Sukhwinder Dass And Ors on 16 February, 2016
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-1181-2016 (O&M)
Date of Decision:16.02.2016
GRAM PANCHAYAT DOCTOR AMBEDKAR NAGAR THR.
SARPANCH
...Petitioner
VERSUS
SUKHWINDER DASS AND OTHERS
...Respondents
CORAM : HON'BLE MR. JUSTICE DARSHAN SINGH
Present: Mr. Hitesh Kaplish, Advocate
for the petitioner.
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DARSHAN SINGH J. (ORAL)
Learned counsel for the petitioner contended that the petitioner- Gram Panchayat has filed an application under Section 7 of the Punjab Village Common Land Act for eviction of respondent-Sukhwinder Dass from the land in dispute. The application was allowed by Collector, Panchayat Land, Kapurthala on 17.06.2009. The respondent No.1 preferred appeal which was allowed by the Director, exercising the powers of the Commissioner on 24.05.2010 and thereafter the Gram Panchayat had preferred the Civil Writ Petition No.17575 of 2010 which is pending in this Court.
He contended that in the writ petition also the question for consideration is as to whether the vendors of respondent No.1 were competent to alienate the suit property or not. The same question with respect to the validity of the sale deed, is involved in the appeal pending before learned Additional District Judge. He contended that at least some RAJNEESH SHARMA observation should be made by the learned District Judge while disposing of 2016.02.19 11:17 I attest to the accuracy and authenticity of this document CR-1181-2016 (O&M) -2- the appeal that the decision in the appeal shall be subject to the decision by this Court in CWP No.17575 of 2010.
The present revision petition is hereby disposed of with the liberty to the petitioner to move the application to this effect before the learned Additional District Judge who will consider the same in accordance with law.
(DARSHAN SINGH) JUDGE February 16, 2016 rajneesh RAJNEESH SHARMA 2016.02.19 11:17 I attest to the accuracy and authenticity of this document