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CWP-10793-2025
(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.126 CWP-10793-2025
(O&M)
Date of decision: 21.04.2025 Smt. Maninder Kaur ....Petitioner Versus State of Punjab and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE DEEPAK SIBAL HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. Animesh Sharma, Advocate for the petitioner. Mr. Shekhar Verma, Addl. A.G., Punjab. * * * DEEPAK SIBAL, J. (Oral)
1. Through this petition, the petitioner, a widow, seeks issuance of directions to the Tehsildar (Revenue), Bhullath, District Kapurthala, Punjab to execute a sale deed in her favour with respect to land measuring 17 Marlas 4 Sarsahi in village Raipur Pir Bakash Wala, Tehsil Bhullath, District Kapurthala, Punjab. 2. The facts, in brief, which are required to be noticed for adjudicating upon the present petition are that in the year 2000, Gram Panchayat, Raipur Pir Bakash Wala, District Kapurthala, Punjab, instituted proceedings against the petitioner under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 seeking therein her ejectment from the land of the Gram Panchayat which according to the Gram Panchayat was JYOTI SHARMA 2025.04.25 14:42 I attest to the accuracy and integrity of this document chandigarh
CWP-10793-2025
(O&M)
-2- being encroached upon by the petitioner. In these proceedings, the petitioner was found to be in illegal possession of land measuring 17 Marlas 4 Sarsahi belonging to the Gram Panchayat. However, because the petitioner was a widow with two minor children and that her husband had been gunned down by terrorists, the Gram Panchayat, apparently on humanitarian grounds, under Rule 12(4) of the Punjab Village Common Lands (Regulation) Rules, 1964 (for short – 1964 Rules) agreed to sell the afore mentioned land measuring 17 Marlas 4 Sarsahi to the petitioner for a total value of Rs.1,05,000/-. In terms of Rule 12(4) of the 1964 Rules, on 27.12.2001, the State approved the sale of the aforesaid land to the petitioner and in pursuance thereof the agreed amount of Rs.1,05,000/- was deposited by the petitioner with the Gram Panchayat on 06.05.2002. Thereafter, in spite of several orders passed in her favour for execution of the sale deed the Tehsildar (Revenue), Bhullath, District Kapurthala, Punjab, failed to do the needful forcing her to knock the doors of this Court through the instant petition. 3.
At the outset, learned State counsel, who appears on advance notice, very fairly submits that the case set up by the petitioner through this petition is genuine and that the sale deed of the land measuring 17 Marlas 4 Sarsahi in village Raipur Pir Bakash Wala, Tehsil Bhullath, District Kapurthala, Punjab, which was agreed to be sold to the petitioner on 07.03.2001 and approved by the State on 27.12.2001 shall be executed in her favour within one month from today. 4. In the light of the afore statement, learned counsel for the JYOTI SHARMA 2025.04.25 14:42 I attest to the accuracy and integrity of this document chandigarh
CWP-10793-2025
(O&M)
-3- petitioner does not press the present petition. 5.
Disposed of.
(DEEPAK SIBAL) JUDGE
(HARPREET KAUR JEEWAN) JUDGE April 21, 2025 Jyoti 1 Whether speaking/reasoned Yes/No Whether reportable Yes/No
JYOTI SHARMA 2025.04.25 14:42 I attest to the accuracy and integrity of this document chandigarh