RSA No. 1409 of 2009 ( 1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA No. 1409 of 2009
Date of Decision: 4.8.2009
Bharat Singh and others ......Appellant
Versus
Municipal Corporation, Faridabad .......Respondent
CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA.
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: Shri R.S. Sihota, Senior Advocate, with
Shri B.S. Rana, Advocate, for the appellants.
HEMANT GUPTA, J. (Oral).
The plaintiffs are in appeal aggrieved against the judgment and
decree passed by the learned first Appellate Court, on 6.9.2008 holding that
the Civil Court has no jurisdiction in respect of the land in dispute, which is
said to be Shamlat Deh, in terms of Section 13 of the Punjab Village
Common Lands (Regulation) Act, 1961 (for short `the Act’).
The plaintiffs have filed the present suit challenging the orders
passed by the District Collector and the Commissioner, in exercise of the
powers conferred upon them in terms of the Act. In terms of Section 13 of
the Act, the jurisdiction of the Civil Court is barred. Such is the finding
returned by the learned first Appellate Court.
In view of the said fact, I do not find any patent illegality or
RSA No. 1409 of 2009 ( 2)
material irregularity in the finding recorded, which may give rise to any
substantial question of law in the present second appeal.
Hence, the present appeal is dismissed.
(HEMANT GUPTA)
JUDGE
04-08-2009
ds