SURESHWAR THAKUR, KULDEEP TIWARI
Gurjant Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
The respondents No.8 to 13 are alleged, in the instant writ petition, to make encroachment(s) upon land, owned and possessed by the Gram Panchayat concerned. The above made encroachment(s), resulted in an order of eviction being passed, by the competent authority concerned, as envisaged in the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the 'Act of 1973' for short).
2. It is not disputed amongst the learned counsels for the appearing litigants before this Court, that the said order of eviction, after acquiring a binding, and, a conclusive effect, resulted in the drawing of warrants of possession, and, which becomes appended as Annexure P-1, to the instant writ petition. Furthermore, it is also not disputed amongst the learned counsels for the appearing litigants before this Court, that the warrants of possession (supra) rather resulted, as unfolded by Annexure P-2, in their completest execution against the encroachers concerned.
3. Be that as it may, subsequent to the completest execution of Annexure P-1, rather through Annexure P-2, yet the above referred to private respondents, in the instan
The court ruled that an eviction petition under the Punjab Village Common Lands Act must be converted into a title suit for valid jurisdiction, invalidating subsequent orders if not.
Conflict of interest in filing a petition under Section 7 of The Punjab Village Common Lands (Regulation) Act, 1961.
Illegal occupation of Gram Panchayat land does not confer any right to claim ownership or regularization.
The necessity of a valid demarcation report is crucial for establishing claims of encroachment on common land under the Punjab Village Common Lands Act.
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