DALBIR SINGH Vs. JOINT DEVELOPMENT COMMISSIONER IRD PUNJAB

JUDGEMENT

(1.) <DJG>S.S.Saron, J.</DJG> This civil miscellaneous application has been filed under Section 152 of the Code of Civil Procedure ('C.P.C.' for short) for correcting the order dated 5.8.2003 passed by this Court which reads as follows:-

(2.) The correction that has been sought is for deleting the words "or 11" in the above order. Learned counsel for the applicants contends that the words "or 11" in paras 2 and 3 of the above said order are liable to be deleted. It is contended that while recording the contentions of the learned counsel appearing for the respective parties, it has been mentioned that the impugned order could not have been passed without initiating proceedings under Sections 7 or 11 of the Punjab Village Common Land (Regulation) Act, 1961 ('Act' for short) and that no such proceedings had, in fact, been initiated. However, proceedings under Section 11 have been initiated which is subject matter of C.W.P. No.11722 of 1999 titled as Kashmir Singh v. Joint Development Commissioner, Punjab. Therefore, it is contended that the words "or 11" are liable to be deleted. Learned counsel appearing for the respondents have no objection to the deletion of the words "or 11" in the order dated 5.8.2003.

(3.) It is accepted that in fact proceedings under Section 11 of the Act are subject matter of decision in Kashmir Singh's case (supra). In view of the admitted stand of the parties, the words "or 11" in paras 2 and 3 of the order dated 5.8.2003 are deleted and the order is corrected accordingly.