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High Court of Punjab and HaryanaCWP/8430/2014dismissed

Manga Singh And ANR v. State Of Punjab & ORS

2015-09-14Ms. Justice Navita Singh,Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 205 Civil Writ Petition No.8430 of 2014 Date of Decision: September 14, 2015 Manga Singh & others ..... PETITIONER(S)

VERSUS

State of Punjab & others ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE JASPAL 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: - Mr. G.S. Bhatia, Advocate, for the petitioners. Mr. Rajesh Bhardwaj, Additional Advocate General, Punjab.

Mr. V.K. Sandhir, Advocate, for respondent No.4.

. . .

Surya Kant, J (Oral) 1.

This petition is directed against order dated 18.3.2013 (P-19) whereby the eviction application filed by the Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, 'Act') has been allowed and the petitioners have been ordered to be AVIN KUMAR 2015.09.17 11:27 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

CWP No.8430 of 2014 [2] evicted from the land in dispute measuring 2 kanal 6 marla situated in village Ghaggar Sarai, Tehsil Rajpura, District Patiala.

2.

After arguing the case for some time and having realized that effective remedy for the petitioners would be to file a suit for declaration under Section 11 of the Act, learned counsel for the petitioners seeks to withdraw this petition, without prejudice or effecting rights of the petitioners to file a declaratory petition under Section 11 of the Act. 3.

Ordered accordingly.

4.

It is further directed that in case petitioners file such a declaratory petition, the parties shall maintain status-quo re: possession till 31.12.2015 and if such proceedings go beyond that date, petitioners shall be at liberty to make out a case for extension of ad-interim injunction from the court of Collector. 5.

Disposed of.

(Surya Kant) Judge (Jaspal Singh) September 14, 2015 Judge avin AVIN KUMAR 2015.09.17 11:27 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh