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SURESHWAR THAKUR, KULDEEP TIWARI
Sushil Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
C M-8293-CWP-2023, C M-17530-CWP-2019 & C M-17531-CWP-2019 IN CWP-7715-2018
The learned counsel for the applicants seeks permission to withdraw the present applications.
2. Permission granted.
3. Consequently, the extant applications are dismissed as withdrawn.
Main Cases
4. Since all the writ petitions relate to a common factual matrix, besides relate to common questions of law, therefore irrespective of the fact, that they are directed against separate statutory appeals, as raised by the aggrieved, from the common affirmative concurrent verdict(s), as made on the petition, cast under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), by the Assistant Collector, 1st Grade, Indri (hereinafter referred to as the Ass1stant Collector), thereby decreeing the eviction petition (supra) of the Gram Panchayat concerned, thus these writ petitions are amenable for a common verdict becoming drawn thereon.
Factual Matrix
5. The Gram Panchayat Garhpur Tapu, Tehsil Indri, D1strict Karnal, instituted Case No.9/VCLA, on 16.01.2015, before the Ass1stant Collector. Through a decision made thereon,
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.
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
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