WRIT PETITION 12911 of 1991 on 5 September 1988

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No. 12911 of 1991 Date of decision: December 13, 20101

Raghbir Singh and others

.. Petitioners

Vs.

Collector Bhiwani and others

.. Respondent

Coram:

Hon'ble Mr. Justice A.N. Jindal

Present:Mr. R.S. Sanghwan, Advocate for the petitioners. Mr. J.S. Rattu, DAG, Haryana for the respondents No.1 & 2.Mr. R.A. Sheoran, Advocate for the respondents No.3 & 4.

A.N. Jindal, J

The petitioners have invoked the provisions of Article 226/227of the Constitution of India for quashing the order dated 5.9.1988(Annexure P-2) passed by the respondent No.2 and order dated 5.2.1990(Annexure P-3) passed by the respondent No.1, claiming that the land inquestion does not vest in the Gram Panchayat.

I have gone through the revenue record Annexure P-1, copy ofthe jamabandi for the year 1987-88, which indicates that the land is used aspassage by the community as a whole, therefore, it certainly vests in theGram Panchayat. Learned counsel for the petitioners has relied upon thejudgment delivered by the Full Bench of this Court in case Jai Singh andothers vs. State of Haryana, 2003 (3) The Punjab Law Reporter 658.Having gone through the same, it does not help the cause of the petitionersrather it supports the case of the respondents.

The petition lacks merit.

Hence dismissed.

December 13, 2010deepak

(A.N. Jindal)Judge