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GAJE SINGH versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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Gaje Singh v. State of Haryana & Ors - CWP-13998-2004 [2006] RD-P&H 5314 (7 August 2006)

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

C.W.P. No. 13998 of 2004

Date of Decision: Aug. 21,2006

Gaje Singh .................................... Petitioner Versus

The State of Haryana and others ...................... Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mrs. Justice Nirmal Yadav

Present: Mr.Vikram Singh, Advocate

for the petitioner.

Mr. Ashish Kapoor, Addl. A.G. Haryana

for respondent Nos. 1 to 4.

Mr. Satish Chaudhary, Advocate

for respondent No.5.

...

ASHUTOSH MOHUNTA, J. (Oral)

The petitioner has impugned the orders (Annexures P5 to P7) passed by the Commissioner, Collector and the Assistant Collector respectively by which the petitioner has been found to be in unauthorized occupation of the suit land as the land in dispute is a Charand land which vests in the Gram Panchayat.

Mr. Vikram Singh, counsel for the petitioner, contends that the question of title is involved in the present case as the forefathers of the petitioner have been in occupation of the suit land since the year 1935-36.

However, a perusal of the impugned order shows that the suit land has been described as `Charand' and is reserved for common purposes i.e. for grazing of cattle etc. Such lands fall within the definition of `Charand' as per Section 2(G) of the Punjab Village Common Lands Act, 1961.

As the possession of the petitioner on the suit land is unauthorized and the land has been reserved as `Charand' during [ 2 ]

C.W.P. No. 13998 of 2004

consolidation proceedings for grazing of cattle for the village community, therefore, we find no infirmity in the impugned orders.

Accordingly, the writ petition is dismissed.

( ASHUTOSH MOHUNTA )

JUDGE

21.8.2006 ( NIRMAL YADAV )

Rupi JUDGE


Copyright

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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