Disposed

Ram Singh v. State of Punjab Thru Secy of Govt. Punjab

Punjab & Haryana HC8 Feb 2013CWP/13436/2012

Case brief

AI extract

What is this about?

Petitioners challenged a resolution and approval for gifting 16 Kanals 5 Marlas of communal village land to the Punjab State Agricultural Marketing Board. The court examined statutory vesting provisions for Jumla Mushtarka Malkan land but ultimately disposed of the petition as infructuous after the State authorities cancelled the impugned resolution and approval.

What did the court decide?

Petition disposed of as infructuous due to withdrawal/cancellation of the impugned resolution and order of approval.

Ram Singh Vs State of Punjab Thru Secy of Govt… — Land Acquisition | Punjab & Haryana HC (2013)

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In the High Court of Punjab and Haryana at Chandigarh

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C.W.P.No. 13436 of 2012 Date of Decision: February 08, 2013

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Ram Singh and others

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---Petitioners

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versus

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The State of Punjab and others

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---Respondents

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Coram: Hon'ble Mr. Justice Rajive Bhalla Hon'ble Mrs. Justice Rekha Mittal

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Present: Mr. Amrik Singh, Advocate for the petitioners Mr. Rajinder Goyal, Addl. Advocate General, Punjab for respondent Nos. 1 to 4 Mr. H.S.Saini, Advocate, for respondent No.5 None for respondent No. 6

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RAJIVE BHALLA, J.(ORAL)

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The petitioners pray for issuance of writ of certiorari to quash resolution dated 2.6.2011 passed by the Gram Panchayat, Gopalpur, and order dated 15.5.2012 passed by the Director, Rural Development & Panchayat, Punjab, approving the gift of 16 Kanals 5 Marlas of land bearing Khewat No. 156, Khatoni No. 184, Khasra No. 53/2 (0-17), Khasra No. 54 (1-0), 55 (1-0), 57 (8-0), 62 (2-0), 56/2, (3-8) in favour of the Punjab State Agricultural Marketing Board.

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After considering the submissions made by counsel for the petitioners and perusal of the record, the following order was passed by us on 25.1.2013:-

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“The land, in dispute, is, admittedly Jumla Mushtarka Malkan/Haq Hissedaran/ Hasab Rasad Zare Khewat that vests in the Gram Panchayat for management and control alone.

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C.W.P.No. 13436 of 2012 -2-

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Sections 18 and 23-A of the East Punjab Holdings (Consolidation and Prevention of Fragmentation)Act, 1948 and Rule 16(ii) of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, provide that land described as Jumla Mushtarka Malkan shall continue to vest in proprietors but its management and control shall vest in the Gram Panchayat. A perusal of the resolution passed by Gram Panchayat reveals that it has gifted the land that prima facie belongs to proprietors, to a Government department. Counsel for State of Punjab prays for time to seek instructions.

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Adjourned to 8.2.2013.

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A photocopy of this order be given to Mr. Rajinder Goyal, Addl. Advocate General, Punjab, under signature of Court Secretary of this Bench, for compliance. ”

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Mr. Rajinder Goyal, Additional Advocate General, Punjab, states that after re-examination of the matter, the Director, Rural Development and Panchayats, Punjab, has cancelled the resolution passed by the Gram Panchayat, Gopalpur, and accordingly, the Additional Deputy Commissioner (Development), Rupnagar, has ordered cancellation of the approval of the resolution.

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In view of the fact that the resolution passed by the Gram Panchayat and the order of approval have been cancelled/withdrawn, the present petition has been rendered infructuous and is disposed of accordingly.

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(RAJIVE BHALLA)

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( REKHA MITTAL) JUDGE

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February 08, 2013 PARAMJIT

Ram Singh v. State of Punjab Thru Secy of Govt. Punjab

Case brief

What is this about?

What did the court decide?

Ram Singh v. State of Punjab Thru Secy of Govt. Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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