Disposed

Gram Panchayat Bhunder Bhaini v. Director Cum Special Secy Pb. etc.

Punjab & Haryana HC5 Oct 2012CWP/14647/2002

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana disposed of the writ petition by granting liberty to the petitioner Gram Panchayat to file a fresh petition under Section 7 of the Punjab Village Common Lands Act, 1961, or the Public Premises and Land Act, 1973, pending the decision in CWP No.11405 of 1998.

What did the court decide?

Liberty to the petitioner to file a fresh petition under Section 7 of the 1961 Act or the 1973 Act after the decision in CWP No.11405 of 1998.

Gram Panchayat Bhunder Bhaini… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2012)

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CWP No.14647 of 2002

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.14647 of 2002 Date of Decision:05.10.2012

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Gram Panchayat Bhunder Bhaini

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..... Petitioner

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VERSUS

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Director-cum-Special Secretary, Government of Punjab, Department of Rural Development and Panchayats, Punjab and others ..... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MRS. JUSTICE REKHA MITTAL

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

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Mr.P.C.Goyal, Addl.A.G., Punjab, for respondents No.1 and 2.

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Mr.Vaneet Soni, Advocate, for respondents No.3 and 4.

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RAJIVE BHALLA, J (ORAL)

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The Gram Panchayat, village Bhunder Bhaini, Tehsil Sunam, District Sangrur, prays that order dated 23.11.2001, passed by the Director-cum-Special Secretary, Government of Punjab, Department of Rural Development and Panchayats, Punjab (exercising powers of 'Commissioner') accepting an appeal filed by respondents No.3 and 4, may be set aside.

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Counsel for the petitioner submits that as a writ petition, i.e. CWP No.11405 of 1998 titled “Ram Partap and another V/s Joint Development Commissioner(IRD), Punjab and others” relating to order passed in favour of the Gram Panchayat under Section 11 of the

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CWP No.14647 of 2002

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Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the '1961 Act') stands admitted and the Commissioner has held that in view of admission of the writ petition, order of ejectment cannot be passed, the present petition may be disposed of by granting liberty to the Gram Panchayat to file a petition either under Section 7 of the 1961 Act, or under the Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the '1973 Act') after decision in CWP No.11405 of 1998 “ Ram Partap and another

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V/s Joint Development Commissioner (IRD) Punjab and others” ,.

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We have heard counsel for the petitioner and in view of his statement, dispose of the writ petition by granting liberty to the petitioner-Gram Panchayat to file a fresh petition either under Section 7 of the 1961 Act, or under the 1973 Act, as the case may be, after decision in CWP No.11405 of 1998 “ Ram Partap and another V/s Joint Development Commissioner (IRD) Punjab and others .”

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[ RAJIVE BHALLA ] JUDGE

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[ REKHA MITTAL ] JUDGE

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05.10.2012 shamsher

Gram Panchayat Bhunder Bhaini v. Director Cum Special Secy Pb. etc.

Case brief

What is this about?

What did the court decide?

Gram Panchayat Bhunder Bhaini v. Director Cum Special Secy Pb. etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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