Allowed

Rambir v. State of Haryana & Ors.

Punjab & Haryana HC2 Nov 2015CWP/23382/2015

Case brief

AI extract

What is this about?

The High Court allowed a writ petition regarding encroachment of Gram Panchayat land only by relegating the petitioner to file a private eviction petition under Section 7 of the Punjab Village Common Lands Act, 1961, with a direction for disposal within six months.

What did the court decide?

Writ petition allowed by relegating the petitioner to file an eviction petition under Section 7 of the Punjab Village Common Lands Act, 1961; direction given to the Assistant Collector to decide such

Rambir Vs State of Haryana & Ors. — Civil Procedure and Limitation | Punjab & Haryana HC (2015)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.23382 of 2015 Date of Decision: November 02, 2015

Rambir

....Petitioner

versus

State of Haryana and others

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.....Respondents

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CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE P.B.BAJANTHRI.

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Present: Mr.Balram Singh, Advocate, for the petitioner.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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The petitioner is a resident of village Banchari, Tehsil Hodel, District Palwal. He alleges that the Gram Panchayat land measuring 4 kanal 8 marlas comprising Khasra No.283 has been encroached upon and no action is being taken by the Gram Panchayat against the encroacher despite several complaints.

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The alleged encroacher is not a party-respondent. It is also undeniable that under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana, even a private person is competent to file eviction petition against the encroacher of the Gram Panchayat land

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In this view of the matter, we dispose of this writ petition by relegating the petitioner to the above-mentioned remedy with a further direction to the Assistant Collector, 1^st

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MOHINDER KUMAR 2015.11.06 11:30 I attest to the accuracy and authenticity of this document Chandigarh

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CWP No.23382 of 2015 [2]

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Grade, before whom such a petition is maintainable, that if the petitioner files such petition within one month, the same be decided in accordance with law/principles of natural justice, within a period of six months from the date of its filing.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE

November 02, 2015 [P.B.BAJANTHRI] mohinder JUDGE

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MOHINDER KUMAR 2015.11.06 11:30 I attest to the accuracy and authenticity of this document Chandigarh

Rambir v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Rambir v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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