Dismissed

Bant Singh v. State of Punjab & Ors.

Punjab & Haryana HC2 Dec 2015CWP/25062/2015

Case brief

AI extract

What is this about?

This judgment addresses a writ petition challenging a Gram Panchayat resolution rejecting an unauthorized occupant's claim to purchase common land. The court dismissed the petition, holding no warrant existed for a mandatory order to compel the sale of the land.

What did the court decide?

Writ petition dismissed with liberty to approach higher authorities under the 1961 Act.

Bant Singh Vs State of Punjab & Ors. — Property and Title | Punjab & Haryana HC (2015)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.25062 of 2015 Date of Decision: December 02, 2015

Bant Singh

....Petitioner

versus

State of Punjab and others

¶7

.....Respondents

¶8

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

¶9

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Present: Mr.P.S.Jammu, 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?

¶14

Whether the judgment should be reported in the Digest?

¶15

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Surya Kant, J. (Oral)

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The petitioner is an unauthorized occupant of Gram Panchayat land measuring 10 marla which is adjoining to his house. The eviction order dated 03.03.2009 was passed against him under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961. Having lost appeal etc., the petitioner came to this Court in a writ petition filed in the year 2015 which was disposed of on 09.07.2015 relegating him to approach the Gram Panchayat for purchase of the land under Rule 12(1)(iv) of the Punjab Village Common Lands (Regulation) Rules, 1961. The Gram Panchayat has turned town that application vide resolution dated 27.07.2015 (P-8) which is now being impugned in the instant writ petition.

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In our considered view, no writ of mandamus can be issued to compel the Gram Panchayat to sell its land to the petitioner. Only a direction to consider such claim can be

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MOHINDER KUMAR 2015.12.07 15:24 I attest to the accuracy and authenticity of this document Chandigarh

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CWP No.25062 of 2015 [2]

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issued which remedy has already been exhausted. If at all the petitioner falls within the four-corners of the Rules relied upon by him, the appropriate recourse for him would be to approach the higher authorities under the 1961 Act.

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With liberty aforementioned, the writ petition

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stands dismissed.

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

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MOHINDER KUMAR 2015.12.07 15:24 I attest to the accuracy and authenticity of this document Chandigarh

Bant Singh v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Bant 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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