Disposed

Gurmail Singh and Anr. v. Director, Rural Dev. & Panchayats Pb. and Ors.

Punjab & Haryana HC15 Oct 2009CR/5844/2009

Case brief

AI extract

What is this about?

In revision against dismissal of stays on appeals, the High Court directed the Appellate Authority to dispose of pending appeal petitions concerning possession under the Punjab Village Common Land Regulation Act, 1961, within three months, maintaining status quo.

What did the court decide?

Direction to Director, Rural Department and Panchayats to decide pending appeals within three months and maintain status quo regarding possession.

Gurmail Singh and Anr. Vs Director, Rural Dev… — Landlord and Tenant | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Revision No.5844 of 2009 (O&M) Date of Decision : 15.10.2009

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Gurmail Singh and another versus

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.....Petitioners

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Director, Rural Development and Panchayats & others .....Respondents

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Civil Revision No.5790 of 2009 (O&M) Date of Decision : 15.10.2009

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Roda Singh and others .....Petitioners

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versus

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Director, Rural Development and Panchayats & others .....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.V.K.Sandhir, Advocate, for the petitioners.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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ORDER

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Surya Kant, J. (Oral)

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This order shall dispose of Civil Revision Nos.5844 of 2009 and 5790 of 2009 as common issues are involved in both the cases. For brevity, the facts are extracted from Civil Revision No.5844 of 2009. These revision petitions are directed by the petitioners against the impugned orders dated 2.12.2998 passed by the Collector/Deputy Director, Rural Development and Panchayats, Patiala.

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C.R. No.5844 of 2009 (O&M) 2

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The two sets of petitioners are in occupation of the land measuring 29 kanals-10 marlas (in C.R.No.5844 of 2009) and 26 kanals-10 marlas (in C.R.No.5790 of 2009). The Gram Panchayat, Chalaila, Tehsil and District Patiala, has got passed eviction orders dated 2.12.2008 against the petitioners in the eviction petitions filed under Section 7 of the Punjab Village Common Land Regulation Act, 1961 (hereinafter referred to as `the Act'). The petitioners, on the other hand, are stated to have filed their respective suits for declaration under Section 11 of the Act. The suits are stated to be still pending but the eviction orders under Section 7 of the Act have been passed. The petitioners preferred their respective appeals alongwith applications for ad-interim stay. While their appeals are kept pending, the Commissioner under the Act-cum-Appellate Authority, has dismissed their applications for stay without assigning any reasons.

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Having heard counsel for the petitioners and considering their claim that they are in possession of the suit land prior to 1950, these revision petitions are disposed of with a direction to the Director, Rural Department and Panchayats, exercising the powers of the Appellate Authority under the Act, to decide the pending appeals of the petitioners as early as possible and preferably within a period of three months from today. Till then, the parties are directed to maintain status-quo regarding possession.

Disposed of. Dasti.

(SURYA KANT) JUDGE

15-10-2009

Mohinder

Gurmail Singh and Anr. v. Director, Rural Dev. & Panchayats Pb. and Ors.

Case brief

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Gurmail Singh and Anr. v. Director, Rural Dev. & Panchayats Pb. and Ors.

Case brief

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What the court decided

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