CWP No.10016 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.10016 of 2009
Date of decision:07.10.2009.
Kashmir Singh ..... Petitioner
VERSUS
State of Punjab & Others .... Respondents
CORAM:HON'BLE MR.JUSTICE M.M.KUMAR.
HON'BLE MR.JUSTICE JASWANT SINGH.
Present: Mr.R.K.Sharma, Advocate, for the petitioner.
Mr.Rajesh Garg, Addl.A.G., Punjab, for respondent Nos.1 to 3.
Mr.J.R.Mittal,Senior Advocate,with Mr.S.S.Grewal,Advocate and
Mr.Kashmir Singh, Advocate, for respondent No.4.
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1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
M.M.KUMAR J.
The grievance made by the petitioner in this petition is that Gram
Panchayat, Village Kang-respondent No.4, be restrained from auctioning
the land belonging to the petitioner comprised in Khasra No.102//11/1(6-4),
103//14 (2-4), 103//14/2 (5-12), 15 (7-16). He claims to be owner and in
cultivating possession of the land.
The petitioner has also challenged the constitutional validity of
Section 42-A of East Punjab Holdings (Consolidation and Fragmentation)
Act, 1948 which has been added by way of amendment by the Punjab Act
No.6 of 2007 (Annexure P-3).
CWP No.10016 of 2009 -2-
At the hearing, Mr.J.R.Mittal, learned Senior counsel for the
Gram Panchayat- respondent No.4 has stated that the Gram Panchayat shall
not dispossess the petitioner, or auction the land without taking recourse to
law as per the provisions of Punjab Village Common Lands (Regulation)
Act, 1961.
In view of the aforesaid statement, the learned counsel for the
petitioner does not press the present petition.
Disposed of accordingly.
(M.M.KUMAR)
JUDGE
(JASWANT SINGH)
07.10.2009 JUDGE
shamsher