Dismissed

Gram Panchayat Saido Ke Hithar v. State of Punjab & Ors.

Punjab & Haryana HC4 Dec 2015CWP/25326/2015

Case brief

AI extract

What is this about?

Petitioner Gram Panchayat sought direction to restrain unknown persons from taking forcible possession of Gram Panchayat land. Court dismissed the writ, noting available statutory remedy under Section 7 of the Punjab Village Common Lands Regulation Act and lack of impleaded encroachers.

What did the court decide?

Directions to Collector/Assistant Collector to decide such petitions expeditiously and police to prevent forcible possession of Gram Panchayat land on future notice.

Gram Panchayat Saido Ke Hithar Vs State of… — Property and Title | 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.25326 of 2015 Date of Decision: December 04, 2015

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Gram Panchayat Saido Ke Hithar, District Fazilka.

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....Petitioner

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versus

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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.Ashok Kumar Sama, 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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This is a strange petition in which the Gram Panchayat of village Saido Ke Hithar, District Fazilka is seeking a direction to restrain some unknown persons from taking forcible possession of the Gram Panchayat land and also to get vacated such possession from the unauthorized occupants.

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Needless to say that Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 expressly empowers the Gram Panchayat to initiate summary proceedings for eviction of unauthorized occupants of the Gram Panchayat land.

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In view of availability of statutory remedy and the alleged encroachers not impleaded as party-respondents, we are sure that no effective relief can be granted to the petitioner. The writ petition is disposed of relegating the petitioner to the above-stated alternative remedy. It is further

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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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[2]

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CWP No.25326 of 2015

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directed in the interest of justice that the Collector/Assistant Collector, 1^st Grade, wherever such a petition is filed, shall take up the same on priority basis and decide expeditiously in accordance with law.

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If there are some unscrupulous elements who are indulging in encroachment of Gram Panchayat land, the petitioner-Gram Panchayat would bring such instances to the notice of the District Development and Panchayat Officer, Fazilka as well as the local police, who in turn are directed to ensure that no one takes forcible possession of the Gram Panchayat land.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE

December 04, 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

Gram Panchayat Saido Ke Hithar v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Gram Panchayat Saido Ke Hithar v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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