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SURESHWAR THAKUR, KULDEEP TIWARI
Ajit Pal Singh – Appellant
Versus
Director, Rural Development and Panchayats, Punjab – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
The Punjab Waqf Board, and one Ajit Pal Singh, are aggrieved from the orders made against them, respectively by the statutory authorities concerned. The above orders were made, upon a motion made by the Gram Panchayat concerned, under Section 11 and under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the PVCL Act').
2. The petitioners herein i.e. Punjab Waqf Board and one Ajit Pal Singh are aggrieved from the above concurrently made orders of eviction, whereby the Gram Panchayat concerned, was held as the owner of the disputed lands, and, are led to respectively constitute there against Civil Writ Petition No. 2240 of 2021 and Civil Writ Petition No. 7979 of 2019, before this Court.
3. Though, the properties encapsulated in the writ petitions (supra), are located in different mohals, but since the revenue entries in relation to both the writ petitions, are almost common. Moreover, when the hereinafter formulated common questions of law, arise for determination in the writ petitions (supra). Therefore, both the writ petitions are capable of being decided, rather through a common verdict.
Facts of CWP No. 2240 of 202
The entry in the classification column of the relevant revenue entry, enjoys precedence over the entry in the revenue records describing the petition lands as Shamlat Deh.
The Wakf Tribunal has exclusive jurisdiction over properties classified as Takia, graveyard, and Maszid, which are deemed public graveyards and cannot be divested by non-user.
(1) Creation of Wakf – Alleged use of suit land as burial ground prior to 1900 or 1867 is not sufficient to establish a Wakf by user in absence of evidence to show that it was so used.(2) Principle o....
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.
(1) In a Revision Petition scope of consideration is limited and judgment/order under challenge can be interfered only in event of there being perversity seen on face of order and if conclusion reach....
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
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