Dismissed

Ram Chander & Other v. State of Haryana

Punjab & Haryana HC27 Apr 2015CWP/13021/1990

Case brief

AI extract

What is this about?

The petitioners challenged eviction orders and the vires of Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961. Hearing counsel, the court found the petitioners gave up their challenge to the vires of Section 13-A and the eviction orders. The petition was dismissed with liberty to approach the Collector and enforcement stayed.

What did the court decide?

Writ petition dismissed with liberty to approach the Collector under Section 13-A of the Act; enforcement of eviction orders stayed for three weeks.

Ram Chander & Other Vs State of Haryana — Landlord and Tenant | Punjab & Haryana HC (2015)

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Civil Writ Petition No.13021 of 1990 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Civil Writ Petition No.13021 of 1990 Date of Decision: 27.4.2015

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Ram Chander and another

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..Petitioners

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versus

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The Secretary to Government of Haryana Panchayat and Development Department, Haryana and others

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..Respondents

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CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR.JUSTICE AMOL RATTAN SINGH

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Present: Mr. R.S.Mamli, Advocate, for the petitioners.

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Mr. D.Khanna, Addl.Advocate General, Haryana.

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RAJIVE BHALLA, J. (ORAL)

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The petitioners, apart from challenging the vires of Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (insofar as it applies to the State of Haryana), challenge orders dated 28.2.1990 (Annexure P-7) and 30.5.1990 (Annexure P-8) passed by Assistant Collector 1^st Grade and the Collector, Kurukshetra, respectively, ordering their eviction and dismissing their appeal.

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Counsel for the petitioners submits that in view of an amendment, deleting the period of limitation, the petitioners give up challenge to the vires of Section 13-A of the Act. Counsel for the petitioners also states that the petitioners give up challenge to the orders of eviction, passed under Section 7 of the Act but KUMAR VIRENDERwith liberty to approach the Collector, under Section 13-A of 2015.05.04 13:07 I attest to the accuracy and authenticity of this docunt High Court Chandigarh

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Civil Writ Petition No.13021 of 1990 2

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the Act, to establish their title.

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No one is present on behalf of the Gram Panchayat.

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Mr. D.Khanna, Additional Advocate General, Haryana states that liberty may not be granted to the petitioners, to approach the Collector as they have been in unauthorised occupation of Gram Panchayat property for the last more than two decades.

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We have heard counsel for the parties and in view of statement made by counsel for the petitioners, dismiss the writ petition with liberty to the petitioners to approach the Collector under Section 13-A of the Act. The enforcement of the eviction orders is stayed for a period of three weeks from today.

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( RAJIVE BHALLA ) JUDGE

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27.4.2015 VK

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( AMOL RATTAN SINGH ) JUDGE

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KUMAR VIRENDER 2015.05.04 13:07 I attest to the accuracy and authenticity of this docunt High Court Chandigarh

Ram Chander & Other v. State of Haryana

Case brief

What is this about?

What did the court decide?

Ram Chander & Other v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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