Partly allowed

Gram Panchyat Jant v. Commissioner Gurgaon Circle etc.

Punjab & Haryana HC14 Feb 2013CWP/3809/2006

Case brief

AI extract

What is this about?

The High Court allowed a writ petition in part, setting aside an order by the Commissioner regarding land vestage. The court directed remittal of the revision to the Commissioner with liberty to lead additional evidence and to be decided within three months, based on the prayer made by the respondents.

What did the court decide?

Set aside order by Commissioner; remitted matter to Commissioner; directed to be decided within three months of parties appearance; granted liberty to lead additional evidence.

Gram Panchyat Jant Vs Commissioner… — Public Procurement and Tenders | 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. 3809 of 2006 Date of Decision: February 14, 2013

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Gram Panchayat Jant, Tehsil and District Mahendergarh

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---Petitioner

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versus

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Commissioner, Gurgaon Circle, Gurgaon 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. N.S.Shekhawat, Advocate for Mr. R.A.Yadav, Advocate for the petitioner

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Mr. D.Khanna, Addl. Advocate General, Haryana for respondent Nos. 1 and 2

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Mr. J.P.Sharma, Advocate, for respondent Nos. 3 to 8

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RAJIVE BHALLA, J.(ORAL)

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The Gram Panchayat challenges order passed by the Commissioner, Gurgaon Circle, Gurgaon, under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as “the 1961 Act”) holding that land does not vest in the Gram Panchayat, as respondents No. 3 to 8 are proprietors and were in cultivating possession of the land, in dispute, before 26.1.1950.

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A perusal of the impugned findings as well as documents on record, do not indicate any evidence that respondent Nos. 3 to 8 were in

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C.W.P.No. 3809 of 2006

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cultivating possession of the land, in dispute, before 26.1.1950. The jamabandi for the year 1950-51 records that predecessors of respondent Nos. 3 to 8 were in possession as G air Marusi, on payment of chakota .

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However, as counsel for respondent Nos. 3 to 8 prays that the matter may be remitted to the revisional authority with liberty to respondent Nos. 3 to 8 to lead additional evidence, we accept the prayer, allow the writ petition in part, set aside the order dated 1.10.2003 passed by the Commissioner, Gurgaon Circle, Gurgaon, restore the revision to his office and direct that the revision be decided in accordance with law within three months of the parties putting in appearance before him, on 26.3.2013.

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If a prayer is made, the revisional authority shall grant an opportunity to parties to lead additional evidence.

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(RAJIVE BHALLA) JUDGE

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( REKHA MITTAL) JUDGE

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February 14, 2013

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PARAMJIT

Gram Panchyat Jant v. Commissioner Gurgaon Circle etc.

Case brief

What is this about?

What did the court decide?

Gram Panchyat Jant v. Commissioner Gurgaon Circle etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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