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SURESHWAR THAKUR, KULDEEP TIWARI
Satnam Singh – Appellant
Versus
Joint Development Commissioner – Respondent
SURESHWAR THAKUR, J.
1. As almost similar facts, besides, similar questions of law arise in all these writ petitions, i.e. CWP-10848-2007, CWP-10849-2007, CWP-7175-2007, and, CWP-10850-2007, therefore, they are being decided and disposed of by this common judgment. For brevity, the facts are being extracted from CWP-10848-2007.
2. Through the instant writ petition, the petitioner prays for the relief of quashing of the impugned orders, which are respectively embodied in Annexures P-22, and, P-24.
FACTUAL BACKGROUND
3. The Gram Panchayat Village Chakoki, Sub-Tehsil Dhilwan, District Kapurthala, through its Sarpanch, instituted against, one Satnam Singh, a petition under Sections 11, and, 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the ‘Act of 1961’ for short). In the petition (supra), the Gram Panchayat concerned, claimed a declaratory relief qua its being declared owner in possession of the petition land(s), besides, also claimed therein a further relief for eviction of Satnam Singh, respondent therein, from the petition land(s). The learned Collector concerned, through an order made on 25.10.2005, upon, petition bearing No.34/ADC (Dev.) of 2
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 presumption of truth in revenue records prevails unless cogent evidence is presented to the contrary, affirming the Gram Panchayat's ownership over disputed lands.
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 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.
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 central legal point established in the judgment is that an order passed by a court without jurisdiction is a nullity.
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