Dismissed

Kulwant Singh v. State of Punjab & Ors.

Punjab & Haryana HC4 Nov 2015CWP/23508/2015

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition, holding the petitioner is not remediless as he has a statutory remedy under Section 11 of the Punjab Village Common Lands Act, directing the Collector to decide the petition within one year.

What did the court decide?

The writ petition was dismissed; the Collector directed to decide the petitioner's petition under Section 11 of the Punjab Village Common Lands Act within one year.

Kulwant Singh Vs State of Punjab & Ors. — Land Acquisition | 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.23508 of 2015 Date of Decision: November 04, 2015

Kulwant Singh

....Petitioner

versus

State of Punjab 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.H.S.Dhindsa, 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 accusing the Gram Panchayat of his village as well as the police authorities of Police Station Dehlon, Ludhiana for his illegal dispossession from the land measuring one bigha situated in the revenue estate of village Narangwal Kalan. While the Gram Panchayat claims the abovestated land to be a village pond comprising khasra Nos.74, 75 & 76, Hadbast No.06, the petitioner's case is that the abovestated land is a part of abadi deh and falls in Khasra No.70. The petitioner has further claimed that he is in possession of the said land from the last more than 80 years.

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Learned counsel for the petitioner points out that even without an eviction order, the Gram Panchayat has forcibly dispossessed him and has dug out the land.

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Having heard learned counsel for the petitioner, we are of the considered view that the petitioner is still not remediless as he has a right to establish his claim/title qua the

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MOHINDER KUMAR 2015.11.18 12:01 I attest to the accuracy and authenticity of this document Chandigarh

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[2]

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CWP No.23508 of 2015

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subject land by way of a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. He can also seek appropriate ad-interim injunction in the said petition.

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We thus dispose of this writ petition relegating the petitioner to the above-stated remedy, with a further direction to the Collector, SAS Nagar Mohali that in case the petitioner avails such remedy, let his petition be decided expeditiously and preferably within one year from the date of its filing. The ad-interim stay application to be moved by the petitioner, if any, shall be decided within three months from the date of its filing.

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Ordered accordingly. Dasti.

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[SURYA KANT] JUDGE

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November 04, 2015 [P.B.BAJANTHRI] mohinder JUDGE

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MOHINDER KUMAR 2015.11.18 12:01 I attest to the accuracy and authenticity of this document Chandigarh

Kulwant Singh v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Kulwant Singh v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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