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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Gram Panchayat Hardosaran – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. issues surrounding land ownership and mutations (Para 1 , 2 , 3 , 4) |
| 2. challenge to mutation on grounds of incorrect documentation (Para 5) |
| 3. principle of alternative remedy in writ jurisdiction (Para 6) |
| 4. relegation to statutory authority for resolution (Para 7) |
| 5. dismissal of appeal (Para 8) |
JUDGMENT
G.S. Sandhawalia, J. (Oral)
The present appeal is directed against the order of the learned Single Judge dated 30.09.2020 passed in CWP-15227-2020 titled Gram Panchayat Hardosaran v. State of Punjab & others wherein the writ petition was disposed of by relegating the Gram Panchayat to the alternative remedies. The challenge in the writ petition was to the order dated 01.07.2020 by the Forest Division Officer, Pathankot wherein mutations were directed to be corrected in favour of the Forest Department.
2. The learned Single Judge noticed that there was remedy of filing petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, the 'Act') claiming right, title and interest in land and there was a provision to file an appeal against the order passed. It was also noticed that regarding the change of mutation under Chapter IV of the Pu
The court emphasized the necessity of adjudicating all grounds raised in an appeal, particularly concerning ex-parte proceedings, ensuring fair hearing and justice.
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 Collector lacks jurisdiction to alter land mutations based on overruled amendments; disputes over land rights must be resolved through civil suits.
The central legal point established in the judgment is that disputes regarding mutation entries and land disputes fall within the jurisdiction of revenue authorities as per Section 13 of the Punjab V....
Revenue Court holds jurisdiction for declarations against specific land claims despite conflicting prior orders.
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