Disposed

Vijender Singh v. Gram Panchayat Rasulpur

Punjab & Haryana HC22 Sept 2011CR/5228/2011

Case brief

AI extract

What is this about?

In an oral order, the Court disposed of a petition seeking revision against orders declining ad interim injunction. The Court observed that while the petitioner sought possession, the respondent offered a fresh auction and lease opportunity. Finding the petitioner accepted the respondent's terms regarding lease and auction, the Court disposed of the petition.

What did the court decide?

The revision petition was disposed of based on the petitioner's acceptance of the respondent's settlement offer regarding fresh auction and lease.

Vijender Singh Vs Gram Panchayat… — Civil Procedure and Limitation | Punjab & Haryana HC (2011)

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CR No.5228 of 2011 [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Civil Revision No.5228 of 2011

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Date of Decision: 22 - 9 - 2011

Vijender Singh

....Petitioner

Gram Panchayat Rasulpur ....Respondent

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CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

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*******

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Present: Mr.Vikas Bahl, Advocate for the petitioner.

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Mr.Rajinder Goyal, Advocate for the respondent.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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In the present revision petition preferred, the petitioner has assailed the impugned orders dated 15.6.2011, Annexure P10 and 23.8.2011, Annexure P11, whereby both the Courts below have declined the ad interim injunction to the petitioner in the suit filed for permanent injunction.

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This Court while noticing the contention raised by counsel for the petitioner on 2.9.2011, has passed the following order:-

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“Learned counsel for the petitioner contends that admittedly the petitioner is in possession of the land belonging to Gram Panchayat. Learned counsel submits that the Gram

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CR No.5228 of 2011 [2]

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Panchayat can approach the appropriate authority for evicting the petitioner in due course of law and he cannot be ousted forcibly. Learned counsel further contends that as per the case of respondent-Gram Panchayat, the land was leased out to the petitioner and after expiry of its period, the same has been given in auction to Chandi Ram, a relation of the Sarpanch for the year 2011-12 at the rate of _76,250 and also to one Dhira at the rate of_ 70,800. Learned counsel further contends that the petitioner is ready to pay ` 2,00,000 as a lease amount of the land as the Gram Panchayat has been deprived of its due by leasing out the land to the relations of Sarpanch in hush up manner.

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Issue notice of motion for 8.9.2011.

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Process dasti only.”

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Today, Mr.Rajinder Goyal learned counsel for the respondent, on instructions from Sat Pal, Panch who has been authorised by the Gram Panchayat, has made a statement that on 10.10.2011 in the presence of Block Development and Panchayat Officer, fresh auction of the suit land shall be held and the petitioner shall be given due opportunity to participate in the same. It is further submitted that in case the petitioner is higher bidder, a fresh lease for one year shall be granted in his favour. Counsel further states that an express undertaking be taken from the petitioner that in case he remained unsuccessful in the auction, he shall hand over peaceful possession of the suit land to the Gram Panchayat.

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Counsel for the petitioner considering the fact that this Court is not inclined to grant an ad interim injunction, as the period of lease has

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CR No.5228 of 2011 [3]

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already expired and possession has to be delivered to the Gram Panchayat, has stated that he accepts the offer made by Mr.Goyal on behalf of the Gram Panchayat.

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In view of the statements made by counsel for the parties, the present revision petition is disposed of.

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( KANWALJIT SINGH AHLUWALIA ) September 22, 2011. JUDGE

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Vijender Singh v. Gram Panchayat Rasulpur

Case brief

What is this about?

What did the court decide?

Vijender Singh v. Gram Panchayat Rasulpur

Case brief

What is this about?

What did the court decide?

What the court decided

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