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SURESHWAR THAKUR, KULDEEP TIWARI
Kashmir Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. ownership of suit lands established. (Para 2 , 4) |
| 2. legal precedents on title and jurisdiction binding. (Para 3) |
| 3. petitioners' claims insufficiently supported. (Para 5 , 9 , 11 , 14) |
| 4. legal arguments regarding jurisdiction and res judicata. (Para 6 , 7 , 8 , 10 , 12 , 13 , 15 , 17) |
| 5. (Para 18 , 19) |
| 6. writ petition dismissed, earlier decision affirmed. (Para 20) |
JUDGMENT
Sureshwar Thakur, J.
CM-19525-CWP-2018 IN CM-4163-CWP-2016
The instant application has been filed under section 151 of CPC for hearing of CM-4163-CWP-2016, and, to allow the applicant-Gram Panchayat to utilize the auction amount or any part of auction amount.
The instant application is allowed, and, the applicant-Gram Panchayat, is ordered to utilize the auction amount, but only in accordance with law.
CWP-19130-2007
The petitioners instituted a petition under Section 11 of The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the "Act of 1961). In the said petition the petitioners claimed a declaratory decree that they be pronounced as owners in possession of the suit lands measuring about 202 acres. The learned Collector concerned, through an order made thereon i.e.
The court affirmed that disputes regarding consolidation schemes must be resolved through appellate remedies, and title disputes among estate holders are to be adjudicated by civil courts, not under ....
The court affirmed that prior judgments establishing land ownership create a statutory bar against subsequent claims, emphasizing the binding nature of res judicata.
Jurisdiction under Section 42 of the East Punjab Holdings Act is limited to clerical corrections and cannot adjudicate title disputes, which are reserved for Civil Courts.
The Collector lacks jurisdiction to alter land mutations based on overruled amendments; disputes over land rights must be resolved through civil suits.
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