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SURESHWAR THAKUR, KULDEEP TIWARI
Biru Alias Veer Bhan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
The Gram Panchayat, Sirsi through Govardhan resident of village Sirsi, Tehsil and District Karnal instituted against the present petitioners case No.79/DDPO. The above case was instituted under the provisions of Section 7 (2) of The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred as "the Act").
2. The petitioner therein made an averment, that the respondents therein, who are the petitioners in the instant writ petitioner, are on unauthorizedly, and, illegally making cultivation of the petition lands, as, the said land is described in the revenue records, as Shamlat Deh, and, resultantly the petitioners hold no lawful title either as owners or as lawful cultivators over the petition lands. The Assistant Collector, Ist Grade through an order drawn thereons, on 14.01.2005 after granting the asked for relief in the petition (supra), made a direction, upon the respondents concerned, to hand over the vacant possession of the disputed lands to the panchayat concerned.
3. Despite the above order becoming pronounced on 14.01.2005, yet only on 04.04.2019 the aggrieved concerned, preferred thereagainst an appeal before the le
The main legal point established is that previous decisions under relevant acts should be given due consideration, and procedural requirements akin to a regular Civil Court must be followed in simila....
The court emphasized the necessity for procedural fairness and detailed reasoning in administrative decisions, particularly regarding the validity of documents and the rights of affected parties.
The Collector must provide a reasoned decision when a title question is raised under the Punjab Village Common Lands Act, rejecting arbitrary dismissals.
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