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GURMEET SINGH & ORS. versus STATE OF PUNJAB & ORS.

High Court of Punjab and Haryana, Chandigarh

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Gurmeet Singh & Ors. v. State of Punjab & Ors. - CR-6246-2005 [2006] RD-P&H 11878 (4 December 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.R.No. 6246 of 2005 (O&M)

Date of decision : 8.12.2006.

Gurmeet Singh & Ors.

.........Petitioners.

Versus

State of Punjab & Ors.

...........Respondents.

CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA
Present : Mr.H.S. Gill, Advocate

for the petitioners.

****

VINOD K. SHARMA,J.( ORAL )

The present revision petition has been filed against the orders vide which the learned Courts below have rejected the application filed by the petitioners under Order 39 Rules 1 & 2 C.P.C. vide which the petitioners had sought restrain order against the Gram Panchayat from planting trees which were under the management of the Gram Panchayat.

The case set up by the petitioners is that as they are owners of the land in dispute and, therefore, the Gram Panchayat should not be allowed to plant trees. The learned Courts below have rightly held that as per the jamabandi the land is river bed and also that the Gram Panchayat is giving part of the land on lease to various persons every year. It has further been held that there is no irreparable loss to the plaintiffs in case the trees are planted. Therefore, the order passed by the learned Courts below does not call for any interference. The application for condonation of delay is also dismissed.

The revision is dismissed on merit as well as being time barred.

8.12.2006 ( VINOD K. SHARMA )

'sp' JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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