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SURESHWAR THAKUR, KULDEEP TIWARI
Janak Raj – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J.
Since both the above writ petitions arise from common verdicts, as made by the competent authorities below, hence both the petitions (supra) are amenable for a common verdict being made thereons.
2. Through the instant writ petitions, the petitioners challenge the validity of the makings of Annexure P-1 and of Annexure P-2, as became respectively drawn by the learned Collector concerned, and, by the learned Appellate Authority concerned, whereby respectively the petition constituted by the Gram Panchayat concerned, bearing case No. 58/Pathankot of 3.6.2015, under Sections 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short 'the Act of 1973'), became decreed, and, thereafter the appeal constituted theregainst, by the aggrieved therefrom, also became dismissed.
3. Admittedly, the jamabandi, as relates to the writ lands, does vividly in its column of ownership, describes the owner, as jumla mushtarka malkan wa digar hak darah hasab rasad rakba, and, in the column of possession thereof, the petitioners are mentioned, as gair dakhlikar or as unauthorized occupants thereons.
4. The makings of the above entries in th
The necessity of a valid demarcation report is crucial for establishing claims of encroachment on common land under the Punjab Village Common Lands Act.
The court emphasized the importance of providing evidence to substantiate claims of land possession and ownership, and upheld the imposition of the fine for non-compliance with the deposit requiremen....
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 main legal point established in the judgment is the requirement for the Appellate Authority to consider all relevant documents and arguments before making a decision.
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