SADHU AND OTHER Vs. THE COMMISSIONER, AMBALA DIVISION, AMBALA AND OTHERS
LAWS(P&H)-2011-2-524
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 01,2011

Sadhu And Other Appellant
VERSUS
The Commissioner, Ambala Division, Ambala And Others Respondents

JUDGEMENT

SATISH KUMAR MITTAL,J. - (1.) This Letters Patent Appeal has been directed against the order dated 25.11.2010, passed by the learned Single Judge, whereby the writ petition (CWP No. 263 of 1988), filed by the appellants, challenging the order dated 6.10.1987, passed by the Collector, Kurukshetra, remanding the matter, after setting aside the order of the Assistant Collector Ist Grade, Guhla; as well as the order dated 24.11.1987, passed by the Commissioner, Ambala Division, Ambala, dismissing the revision petition against the said order dated 6.10.1987, has been dismissed.
(2.) We have heard learned counsel for the appellants.
(3.) The learned Collector has remanded the case to the Assistant Collector Ist Grade, after observing that in the order dated 21.3.1986, the Assistant Collector Ist Grade, had not made it clear as to which of 25% of the land will be kept for the Panchayat, and even khasra numbers were not given. According to the learned counsel, remand of the case on the aforesaid ground was beyond the scope of the statute. The learned Single Judge, while dismissing the writ petition, has observed that the Assistant Collector Ist Grade, after the remand, is not only required to decide whether excess land was assigned for the Gram Panchayat or not, but during the pendency of the writ petition, amendments were made in the Punjab Village Common Lands (Regulation) Act, 1961, and those amendments are also to be taken into consideration. In this regard, learned counsel argued that some of the amendments are prospective in nature and the same will not effect the rights, already accrued to the appellants.;


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