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SURESHWAR THAKUR, KULDEEP TIWARI
Gurcharan Singh – Appellant
Versus
Joint Development Commissioner, Punjab – Respondent
KULDEEP TIWARI, J.
FACTUAL BACKGROUND
1. Through a petition instituted before the ld. Collector concerned, under Sections 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, (hereinafter referred to as the ‘Act of 1973’), the respondent No.2- Gram Panchayat, sought eviction of the petitioners from the petition land(s). The petition (supra) was accepted by the ld. Collector concerned, vide its order dated 05.09.2019, thereby ordering for the eviction of the petitioners from the petition land(s).
2. Feeling aggrieved by the eviction order (supra), the petitioners threw a challenge thereto, by filing a statutory appeal before the learned statutory authority, i.e. respondent No.1. However, the appeal so preferred by the petitioners was also dismissed vide order dated 16.12.2020.
3. Consequently, the petitioners, through the instant writ petition, challenge the concurrently made orders against them by the statutory authorities below.
SUBMISSIONS BY COUNSELS FOR THE PARTIES
4. The learned counsel appearing for the petitioners has submitted that the petition land(s) has been recorded as “Gair Mumkin Abadi” in the revenue record, thus the petition land(s) is ex
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The court emphasized the importance of providing reliable evidence to rebut presumptions based on revenue records and upheld the authority of revenue authorities to pass eviction orders in cases of u....
The court established that the Gram Panchayat has the right to claim ownership of land classified as 'Shamilat Deh' under the Punjab Village Common Lands Act, and private claims must be substantiated....
The legal point established is that lands described as 'abadi deh' in the revenue records cannot be vested in the panchayat, and the lawful stakeholders holding possession have the legally permissibl....
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