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High Court of Punjab and HaryanaCWP/14854/2021disposed of

Gram Panchayat Mullanpur Garibdas v. State Of Punjab And Others

2024-05-15Mr. Justice Sureshwar Thakur,Mr. Justice Lalit Batra2 pages

   

               

 

 

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 2.

In consequence, the learned counsels pray that after quashing the impugned Annexures, the lis be remanded to the Collector concerned, so that, he may proceed to appoint an empowered Revenue Officer concerned, to make a fresh demarcation of the disputed sites, and, after the making of the said demarcation report, the author thereof being permitted to lawfully tender the same before the Collector concerned, but within opportunity to the aggrieved therefrom to cross-examine the author of the demarcation report.

ANJAL GUPTA 2024.05.16 14:59 I attest to the accuracy and integrity of this document

  3.

Keeping in mind the above id adem statement made at the bar,  

     by all the counsels appearing for the parties before this Court, this Court quashes Annexure P-4, and, also quashes the making of Annexure P-1 by the Collector concerned.

4.

Consequently, the lis is remanded to the Collector concerned, with a direction upon him to, after restoring the eviction petition to its original number to subsequently appoint an empowered Revenue Officer to make a fresh demarcation of the disputed sites, and, with a further direction upon the learned Collector concerned, to ensure that the author of the demarcation report tenders the same before him, and, also lawfully proves it, but with liberty to the aggrieved therefroms to make cross-examination of the author of the demarcation report.

5.

Opportunity to adduce rebuttal evidence, if any, be also granted to the respondents in the eviction petition.

6.

It is clarified that a lawful decision on the remanded lis shall be passed by the learned Collector concerned, within four months from today, but only after hearing all affected persons concerned. Moreover, the Collector concerned, may consider the passing of an order, wherebys, the contesting litigants, are directed to maintain status quo during the pendency of the remanded lis. However, till the remanded lis is restored to its original number by the Collector concerned, the parties are directed to maintain status quo, as it exists today in respect of the subject lands. 7.

Disposed of accordingly alongwith all pending application(s) if any.

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