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SURESHWAR THAKUR, SUKHVINDER KAUR
Gram Panchayat Roorki – Appellant
Versus
Joint Development Commissioner (IRD), Punjab – Respondent
JUDGMENT :
Mr. Sureshwar Thakur, J.
Dera Tumbi Parkash, village Roorki, Tehsil and District Fatehgarh Sahib through its Mohtmin Sher Singh Chela Sewa Ram resident of village Roorki, Tehsil and District Fatehgarh Sahib instituted against the Gram Panchayat Rurki, Tehsil and District Fatehgarh Sahib, thus a declaratory suit before the Collector/DDPO, Fatehgarh Sahib, whereby the petitioner (supra), claimed the rendition of a declaratory decree vis-a-vis the suit land. The Collector concerned, made a common verdict dated 28.2.1995 (Annexure P-6), upon suit (supra) bearing File No. (11) 107/DDPO, instituted on 23.1.1995, and, also upon the suit filed by Gram Panchayat village Roorkee, bearing file No. (7) 156/DDPO, instituted on 29.2.1993. Through the common verdict (supra), the suit filed by Dera Tambi Parkash became dismissed, and, the suit filed by Gram Panchayat village Roorkee, thus became decreed.
2. In sequel, excepting two biswas of land, whereons a samadh was existing, and, to which obeisance was paid by the public, the other lands, thus in the illegal, and, unauthorized possession of one Sher Singh, and, one Surinder Singh residents of village Roorkee, thus obviously were declar
The limited rights of a Mohtmim or Shehbit of an idol inside a temple and the need for proper management of temple lands and income.
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
The court affirmed that lands classified as Shamlat Deh cannot be claimed for exclusive ownership without sufficient evidence of independent cultivation prior to 1950.
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
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