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LISA GILL, HARSH BUNGER
Raj Karan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harsh Bunger, J. - Petitioner herein, inter alia, seeks issuance of a writ in the nature of certiorari for quashing the order dated 20.08.2021 (Annexure P-7) passed by Assistant Collector-cum-District Development and Panchayat Officer, Charkhi Dadri, whereby, he was ordered to be ejected under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) (here-in-after referred to as 'the Act, 1961') from land measuring 198 Kanals-2 Marlas, situated within the revenue estate of Village Kaliyana, Charkhi Dadri, Bhiwani. A further prayer has also been made to quash order dated 08.12.2021 (Annexure P-8) passed by Deputy Collector, Charkhi Dadri as well as order dated 30.05.2022 (Annexure P-10) passed by Commissioner, Rohtak Division, Rohtak, whereby, the appeal and revision filed by the petitioner against ejectment order dated 20.08.2021 (Annexure P-7) have been dismissed.
2. Briefly stated, the writ petition has been filed on the averment that the petitioner is owner in possession of land in dispute prior to 1950 and has been continuously cultivating the said land without interference of anyone. It is stated that way back in the year 1980, resp
The court clarified the application of Section 7 of the Act, 1961, and emphasized the importance of consistent and substantiated claims in land ownership and possession disputes.
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The central legal point established in the judgment is the interpretation and application of Section 4(3)(ii) of the Punjab Village Common Lands Act, 1961 in determining the possession and rights of ....
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
Under the relevant statute, a revenue authority is not required to stay summary eviction proceedings upon a mere assertion of title. A stay is only mandatory if the claimant provides prima facie docu....
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