Kirpal Singh v. State Of Punjab And Others

CWP-20953-2020 -1- 2023:PHHC:049174-DB In the High Court of Punjab and Haryana at Chandigarh CWP No. 20953 of 2020 Date of Decision: 11.4.2023 Kirpal Singh .....Petitioner

Versus

State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Anil Kumar Sharma, Advocate for the petitioner.

Mr. Maninder Singh, DAG, Punjab.

Mr. Vivek Sharma, Advocate for respondents No. 7 and 8.

**** SURESHWAR THAKUR , J. (ORAL) CM-5845-CWP-2023 The application is allowed as prayed for. Annexures P-7 to P-9 are taken on record.

CWP No. 20953 of 2020 1.

Contra claims have arisen before this Court, in respect of the respective lawful titles over the petition land(s), respectively of the Gram Panchayat concerned, and, of the petitioner herein. However, in the instant proceedings, the said claims cannot be either decided nor conclusively determined, as the statutory mechanism for the determination of the said claims, is comprised, in either a petition under Section 7 or a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act') rather being instituted before the Collector concerned. Therefore, obviously the instant petition, qua claiming relief for making a GURPREET SINGH 2023.04.12 14:39 I attest to the accuracy and authenticity of this order/judgement mandamus upon the respondents concerned, to not dispossess the petitioner

CWP-20953-2020 -2- 2023:PHHC:049174-DB from the petition land, is not maintainable, and, is dismissed as such. 2.

Be that is it may, since it has also been intimated to this Court by the learned State counsel, that in respect of the dispute engaging the legal contestants, a petition under Section 7 of the Act has been filed against the encroachers upon the petition land, one of whom is also the petitioner herein. Therefore, the instant petition is disposed of with a direction to the learned Collector concerned, to within a period of three months from today, make a lawful decision on the said petition but after hearing all the affected persons concerned.

3.

The pending application(s), if any, is/are also disposed of. (SURESHWAR THAKUR) JUDGE (KULDEEP TIWARI) JUDGE April 11, 2023 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2023.04.12 14:39 I attest to the accuracy and authenticity of this order/judgement