GRAM PANCHAYAT HARDOSARAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition under Article 226/227 of the Constitution of India, has been filed by Gram Panchayat through Hardosran, Block Dhar Kalan, District Pathankot, with the following substantive prayers:-

(2.) At the outset, it is important to note that certain writ petitions, filed by the residents of different villages, questioning the proposed action of the State i.e., to correct the revenue record by entering mutation in favour of the Forest Department, have already been decided by a detailed judgment, on 11.02.2014 in "Rameshwar Nath and Others v. State of Punjab and Others" Civil Writ Petition No. 8706 of 1988 & other connected cases. In the aforesaid detailed judgment, the Court, after examining various issues, have decided that the property including the trees, vest in the State and are a part of the Forest. The writ petitioner, Gram Panchayat, has apart from other issues, challenged the correctness of the judgment passed by the High Court by way of the present writ petition.

(3.) It is important to note that the writ petitioner-Gram Panchayat, has an equally efficacious remedy of filing a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the 1961 Act"):-