Gram Panchayat Behlaba vs Banwari And Others on 20 October, 2008

         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

                                                     RSA No.4283 of 2006
                                               Date of decision : 20.10.2008
Gram Panchayat Behlaba
                                                                 ... Appellant
                                  Versus
Banwari and others
                                                             ...Respondents

CORAM : HON’BLE MR. JUSTICE AJAY TEWARI

Present: Mr.Pardeep P.Chahar, Advocate for the appellant.

Ajay Tewari, J (Oral)

This appeal has been filed against the judgment of learned

Lower Appellate Court setting aside the mutation of land in dispute in

favour of the Gram Panchayat. It has been found that the land in dispute was

never shown to have been used for the benefit of the village community or

for common purposes in the revenue record and rather was shown to be the

ownership and in possession of the right-holders. Learned Appellate Court

held that the land in dispute could not be classified as ‘Shalmlat Deh’ and

hence, set aside the mutation in favour of the Gram Panchayat.

In this view of the matter, the question proposed, do not arise

in the appeal and the same is dismissed with costs as imposed by the court

below.

20.10.2008                                          [AJAY TEWARI]
sd                                                       JUDGE