SURESHWAR THAKUR, KULDEEP TIWARI
Dhian Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. eviction petition under punjab act (Para 1) |
| 2. abandonment of claim by petitioners (Para 2 , 3) |
| 3. gram panchayat's failure to show ownership (Para 4) |
| 4. lack of cogent evidence and arbitrary orders (Para 5 , 6) |
| 5. quashing of lower authorities' orders (Para 7 , 8) |
JUDGMENT
Sureshwar Thakur, J. (Oral)
The instant petition is directed against the verdicts of eviction, as became concurrently rendered by both the statutory authorities below. The said concurrently made orders are respectively carried in Annexures P-11 and P-13. The petition cast under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961(in short "the Act") by the Gram Panchayat concerned, had ventilated the hereinafter extracted (head note) :-
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.
The necessity of a valid demarcation report is crucial for establishing claims of encroachment on common land under the Punjab Village Common Lands Act.
Eviction orders under the Punjab Village Common Lands Act cannot be enforced until they attain finality, especially when a statutory appeal is pending.
The eviction process under the Haryana Village Common Land Act requires substantiation with relevant documents; mere claims of disputed title without evidence are insufficient.
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