LAWS(P&H)-2018-12-184

PAWAN Vs. GRAM PANCHAYAT UDEYPUR

Decided On December 10, 2018
PAWAN Appellant
V/S
Gram Panchayat Udeypur Respondents

JUDGEMENT

(1.) Petitioners have challenged the order dtd. 26/9/2018, whereby the application under Order 7 Rule 11 CPC filed by respondent No.1, Gram Panchayat, was accepted.

(2.) At the time of issuance of notice of motion on 16/11/2018, following order was passed:-

(3.) It is a settled principle of law that when lis is between private individual and a gram panchayat in respect of vesting of land as shamlat deh, the jurisdiction of Civil Court is barred under Order 7 Rule 11 CPC Sec. 13 of the Punjab Village Common Land (Regulation) Act. Reference can be made to the Division Bench judgment of this Court in Bhagu Ram and others vs. Ram Sarup and others, 1986 PLJ 366. The same view was expressed by the Division Bench of this Court in Sucha Singh Lambardar and others vs. Gram Panchayat and others, 2017 (2) Law Herald 1794 .