PREM SINGH Vs. STATE OF HARYANA
LAWS(P&H)-2014-7-660
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 11,2014

PREM SINGH Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

RA -CW -278 -2014 - (1.) THE applicant has sought review of the order dated 21.04.2014, inter alia, on the ground that even though the matter has been remanded twice by this Court but on each occasion the Commissioner has failed to comply with the directions of this Court and that the Commissioner has passed an order in open Court but the same could not have been modified except in respect of clerical mistake.
(2.) WE have heard petitioner and Mr. Sharma and find that there is no error apparent on record which may warrant review of the order. The challenge in the writ petition is to an order dated 30.01.2013. The learned Commissioner was deciding the revision in proceedings under Section 13A of the Punjab Village Common Lands (Regulation) Act, 1961. In such proceedings, the authorities are required to decide question of title it being an authority substituted to decide the questions of title but the finding recorded is that Gram Panchayat and the respondent failed to prove their area of ownership. Since there is no categorical finding in respect of ownership either of Gram Panchayat or the present petitioners, therefore, the counsel for the present petitioners rightly consented for setting aside of the order passed by the Commissioner.
(3.) THE order of remand was passed on the consent of the counsel for the parties. Therefore, we do not find any error apparent on record which may warrant review of the order dated 21.04.2014. CM No. 6454 of 2014;


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