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. *** 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