LEELA KUNWAR (SMT.) Vs. STATE

JUDGEMENT

(1.) THESE two appeals have been filed against two different orders of the learned Single Judge in two different writ petitions on two different dates, but then the two matters are closely interlinked, and therefore, they are being decided by this common order.

(2.) APPEAL No. 246 arises out of the order passed by learned Single Judge on 16.12.2008 in the writ petition of Babu Singh being S.B.Civil Writ Petition No. 7320/08, noticing that according to learned Counsel for the petitioner (Babu Singh) after passing of the order of the learned Collector, certain proceedings were initiated, but it is not finalised till today. In that view of the matter, the Gram Panchayat was directed to decide the matter as per direction issued by learned Collector, within a period of two months from that date, and also directed that possession of the writ petition (Babu Singh) shall not be disturbed. In the appeal it is alleged that, that statement was wrongly made, inasmuch as, the matter had already been decided by the Gram Panchayat in the meeting dt. 21.07.2006.

(3.) IN the appeal it is contended that after 06.07.2006, the Gram Panchayat vide resolution dt. 21.07.2006 had already set aside the patta granted in favour of Teejo wife of Poona Ram Sargara. It is also contended that Babu Singh has also filed a regular civil suit for perpetual injunction against Mohan Singh, another Babu Singh and Bhanwar Singh, all sons of Narayan Singh and vide judgment dt. 20.12.2008, that suit had been dismissed, inter -alia with recording a positive finding, that the plaintiff is not established to be in possession, while the possession over the land in question of the defendant is established.