Dismissed

Gurdial Singh & Ors. v. State of Haryana & Ors.

Punjab & Haryana HC12 Feb 2015CWP/13519/1992

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition challenging Haryana Act No.9 of 1992 regarding vesting of land in Gram Panchayat, holding it infructuous based on the Full Bench decision in Jai Singh v. State of Haryana and directing parties to approach the appropriate forum for factual determination.

What did the court decide?

Petition dismissed on the ground of infructuousness; parties directed to approach appropriate forum for factual issues.

Gurdial Singh & Ors. Vs State of Haryana & Ors. — Land Acquisition | Punjab & Haryana HC (2015)

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.13519 of 1992 (O&M) Date of Decision: 12.02.2015

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Gurdial Singh & Ors. ... Petitioners

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VS.

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State of Haryana & Ors. ... Respondents ****

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CORAM: HON’BLE MR.JUSTICE SURYA KANT HON’BLE MR.JUSTICE RAJ MOHAN SINGH

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1. Whether Reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present: None for the petitioners

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Mr. RKS Brar, Addl. AG Haryana

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None for Gram Panchayat

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SURYA KANT, J. (Oral)

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(1) Learned counsel for the petitioners or the Gram Panchayat are not present. It appears that their non-representation is on account of the fact that the writ petition must have become infructuous for the reasons assigned hereinbelow.

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(2) The petitioners have primarily questioned the vires of the Haryana Act No.9 of 1992 with regard to the vesting of certain types of land in Gram Panchayat as shamlat deh .

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(3) Learned State counsel has pointed out that the vires of the above-stated Act was considered by a Full Bench of this Court in Jai Singh v. State of Haryana, 2003(2) RCR (Civil) 578

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wherein it has been briefly held that the land which were reserved

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V.VISHAL 2015.02.21 12:07 I attest to the accuracy and authenticity of this document

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for a common purpose, under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, whether utilized or unutilized shall be managed and controlled by the Gram Panchayat for all intent and purposes.

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(4) The factual issues, however, in each case are required to be determined by the authorities under the Punjab Village Common Lands (Regulation) Act, 1961 keeping in view the principles laid down in Jai Singh’s case.

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(5) The instant writ petition is also thus disposed of in terms of the Jai Singh’s case leaving it open for the petitioners to approach the appropriate forum, if need be.

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(6) Ordered accordingly.

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