Bharat Singh vs Girraj And Another
2022 Latest Caselaw 7717 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

147(2)
                                                 CR-1827-2020 (O&M)
                                                 Date of decision: 25.07.2022


BHARAT SINGH                                               ..Petitioner

                                   Versus

GIRRAJ AND ANOTHER                                         ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Sanjeev Manrai, Sr. Advocate with Mr. K.K. Sarthi, Advocate for the petitioner.

ANIL KSHETARPAL, J(Oral)

The plaintiff has filed a revision petition challenging the

concurrent orders passed by the trial Court as well as First Appellate Court

refusing to grant injunction under Order 39 Rule 1 and 2. Apart from the

other disputes, the Gram Panchayat which has been impleaded as the

defendant, claims the property to be shamlat deh as defined in Section 2G of

the Punjab Village Common Land (Regulation) Act, 1961.

As per the provision of Section 13-A, the exclusive jurisdiction

to decide whether a particular property is or is not shamlat deh lies with the

Court of Collector. In Regular Second Appeal No.2412 of 2018, titled as

"Samar Vs. Roshan Lal and others", decided on 04.07.2022, the Court

after relying upon the judgment passed by the Supreme Court in Ram Singh

and others Vs. Gram Panchayat Mehal Kalan and others' (1986) 4 SCC

364, has relegated the parties to the remedy before the Collector under

Section 13-A.

Keeping in view the aforesaid facts, no ground to interfere is

made out.

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 CR-1827-2020 (O&M)                                                  -2-


               Dismissed.

The petitioner, if, so advised may avail remedy before the

Collector.

All the pending miscellaneous applications, if any, are also

disposed of.

July 25th, 2022                                       (ANIL KSHETARPAL)
Ay                                                          JUDGE

Whether speaking/reasoned                :      Yes/No
Whether reportable                       :      Yes/No




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