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SURESHWAR THAKUR, KULDEEP TIWARI
Didar Singh – Appellant
Versus
State of Haryana – Respondent
SURESHWAR THAKUR, J.
Factual Background.
1. The petitioners filed a petition bearing No. 51/13-A under Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana, (for short hereinafter call 'the 1961 Act') claiming therein, the relief that they be declared owners in possession of the suit lands. On the above petition, a dis-affirmative decision was made on 18.11.2016 by the learned Collector concerned. The said verdict is appended to the petition as Annexure P-2.
2. The aggrieved petitioners made an appeal thereagainst before the learned Commissioner Ambala Division. The said appeal became assigned executive appeal No. 361 of 2016-17. However, through a decision made thereons on 12.06.2018, the learned Commissioner Ambala Division dismissed the appeal (supra), and, resultantly affirmed the order of dismissal, as became initially drawn by the learned Collector.
3. Being dissatisfied from the concurrent verdicts of dismissal, as, respectively made by the learned Collector concerned, and, by the learned Commissioner, Ambala Division, the petitioners preferred revision petitions thereagainst, before the learned Revisional Court. However, th
The suit lands were reserved for the common purposes of the village community, and the petitioners did not hold any valid title to the lands.
The Collector must provide a reasoned decision when a title question is raised under the Punjab Village Common Lands Act, rejecting arbitrary dismissals.
The jurisdiction under Section 42 of the East Punjab Holdings Act is limited to clerical corrections and does not extend to adjudicating title disputes over shamlat deh lands.
The adjudicatory jurisdiction for determining the question of title for disputed land was held to be vested in the authorities under the Punjab Village Common Lands (Regulation) Act, 1961.
The main legal point established in the judgment is the limited jurisdiction of the consolidation authorities under Section 42 of the Consolidation Act, emphasizing their inability to decide disputed....
The central legal point established in the judgment is the requirement to follow the procedure of framing issues and providing an opportunity for evidence submission in accordance with the law.
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