IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 2891 of 1998 DATE OF DECISION: March 24, 2009 Gram Panchayat, Dhingsara …Appellant Versus Jawahar Singh …Respondent CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE H.S. BHALLA Present: Mr. B.R. Gupta, Advocate, for the appellant. Mr. S.S. Godara, Advocate, for the respondent. 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? M.M. KUMAR, J. This appeal filed under Section 100 of the Code of Civil Procedure, 1908, raises the following question of law:- “Whether the land in dispute vest in the Gram Panchayat in pursuance to the provisions of Section 2(g)(6) of the Punjab Village Common Lands (Regulation) Act, 1961?” The aforesaid question has already been debated and answered by a Full Bench of this Court in the case of Jai Singh v. State of Haryana, (2003-2) 134 P.L.R. 658. The respondent is also party being respondent No. 71 in C.W.P. No. 11488 of 1994 (Gram Panchayat, Village R.S.A. No. 2891 of 1998 Dhingsara, Tehsil & District Fatehabad v. State of Haryana and others). In that case we have already taken a decision holding that the land in question would not vest in the Gram Panchayat as it does not answer the requirement of Section 2(g)(6) of the Act. According to the revenue record, the land is not covered by the expression ‘Shamlat Deh’ as there is no entry showing that it was being used for village common purposes or it was set apart at the time of consolidation. We have also found that there are numerous instances brought on record by the respondents showing their acts of ownership in the presence and knowledge of the appellant- Gram Panchayat. Accordingly, the question of law raised in the instant appeal is liable to be answered in favour of the respondent and against the appellant Gram Panchayat. Thus, we hold that the appeal is wholly misconceived and for the reasons recorded in the detailed order of even date passed in C.W.P. No. 11488 of 1994 (supra), the appeal is dismissed. (M.M. KUMAR) JUDGE (H.S. BHALLA) March 24, 2009 JUDGE Pkapoor 2