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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Harchand Singh & Ors. – Petitioners
Versus
Joint Development Commissioner Punjab & Ors. – Respondents
CWP NO. 21633 of 2016
Decided On : 22-05-2023
| Table of Content |
|---|
| 1. validity of status quo order challenged (Para 1 , 2) |
| 2. challenge to concurrent verdicts of dismissal (Para 3) |
| 3. current petition rendered infructuous (Para 4) |
| 4. petition dismissed in light of prior orders (Para 5) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
Through the instant writ petition, the petitioners have challenged the validity of order dated 01.09.2016 (Annexure P-8), drawn by the respondent No.1, whereby, the status quo order dated 25.02.2016, passed in Appeal No.202/2015, as preferred by the petitioners against the order made on 26.06.2015 (Annexure P-5), has been ordered to be vacated.
2. The petitioners have raised the challenge (supra), on the premise, that a title suit qua the petition land(s), under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), as filed before the learned Collector concerned, was dismissed vide order dated 27.09.2012, and, the appeal preferred there against, was also dismissed by the learned statutory appellate authority, on 19.02.2015. However, during the pendency of the title suit (supra), the Gram Panchayat concerned, instituted a petition under Section 7 of the Act of 1961, thereby seeking the eviction of the petitioners from the petition land(s), and, which relief was indeed granted by the learned Collector concerned, on 26.06.2015 (Annexure P-5). The petitioners challenged the eviction order (supra) by filing a statutory appeal before the respondent No.1, wherein, initially status quo was ordered, however, ultimately the respondent No.1 ordered vacation of the status quo, vide order dated 01.09.2016 (Annexure P-8).
3. Against the concurrent verdicts of dismissal, as drawn upon the title suit (supra) of the petitioners, a challenge was laid before this Court by filing CWP-15261-2016. Therefore, the eviction order (supra), as passed by the learned Collector concerned, could not be executed against the petition land(s).
4. However, since CWP-15261-2016, as preferred before this Court, is dismissed vide an order of even date, passed by this Court, therefore in view of such a verdict of dismissal, the present petition becomes rendered infructuous and warrants no further order.
5. In sequel, the present petition is dismissed having been rendered infructuous.
The central legal point established in the judgment is the requirement to follow the procedure of framing issues and providing an opportunity for evidence submission in accordance with the law.
The court affirmed the binding nature of eviction orders under the Punjab Village Common Lands Act, rejecting jurisdictional challenges based on the Haryana Public Premises 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.
The central legal point established is the requirement to prove title through documentary evidence as per Section 7 of the Act of 1961, and the consequences of failure to do so.
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
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