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SURESHWAR THAKUR, KULDEEP TIWARI
Ujjagar Singh (Now Deceased) Through his Lrs – Appellant
Versus
State of Punjab – Respondent
KULDEEP TIWARI, J.
1. Respondent No. 4-Gram Panchayat, Village Saidowal Kalan, Tehsil and District Gurdaspur, preferred an application, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred as the “Act of 1961”), thereby seeking ejectment of the present petitioners/respondents therein, from the land measuring 1 kanal 12 marlas, primarily on the ground, that the land vests in the Gram Panchayat, as in the relevant revenue record, the Gram Panchayat is recorded as the owner thereof. The present petitioners were alleged therein to have illegally encroached upon the petition land years ago. Prior to such encroachment being made, respondent No.4-Gram Panchayat used to auction the land and the lease amount derived therefrom was utilized for the welfare activities of the village concerned. The application (supra) as moved by the respondent No. 4-Gram Panchayat, was allowed by the court of the learned Collector concerned, vide impugned order dated 26.4.2022 (Annexure P/1). Aggrieved by the eviction order (Annexure P/1), the present petitioners made a challenge thereto by preferring a statutory appeal before the statutory appellate authority co
The eviction process under the Haryana Village Common Land Act requires substantiation with relevant documents; mere claims of disputed title without evidence are insufficient.
The court affirmed the binding nature of eviction orders under the Punjab Village Common Lands Act, rejecting jurisdictional challenges based on the Haryana Public Premises Act.
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 that an order passed by a court without jurisdiction is a nullity.
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.
The central legal point established is the requirement to prove title through documentary evidence as per Section 7 of the Act of 1961, and the consequences of failure to do so.
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