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High Court of Punjab and HaryanaCWP/12205/1992disposed of

Thakur Dass v. State Of Haryana

2015-02-12Ms. Justice Navita Singh,Mr. Justice Sudhir Mittal2 pages

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.12205 of 1992 (O&M) Date of Decision: 12.02.2015 **** Thakur Dass & Ors.

... Petitioners VS.

State of Haryana & Ors.

... Respondents **** CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR.JUSTICE RAJ MOHAN SINGH ****

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

2. To be referred to the Reporters or not?

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

Present:

None for the petitioners Mr. RKS Brar, Addl. AG Haryana None for Gram Panchayat **** SURYA KANT, J. (Oral)  (1) Learned counsel(s) for the petitioners and the Gram Panchayat are not present. The cause of their non-appearance, as it appears, is that according to them, the writ petition has been rendered infructuous for the reasons assigned hereinafter. (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 lands in Gram Panchayat as shamlat deh. (3) Learned State counsel points out that the vires of abovestated Act were considered by a Full Bench of this Court in Jai Singh v. State of Haryana, 2003(2) RCR (Civil) 578 wherein briefly it has been held that the land which were reserved for a V.VISHAL 2015.03.03 10:36 I attest to the accuracy and authenticity of this document



 

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

(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.

(5) The instant writ petition is 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.

(6) Ordered accordingly.

  









 

 

 

                  

    

    

     

 

 

 

   V.VISHAL 2015.03.03 10:36 I attest to the accuracy and authenticity of this document