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SURESHWAR THAKUR, KULDEEP TIWARI
Joginder Kaur – Appellant
Versus
Director Rural Development and Panchayats, – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
The present petitioner instituted a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961), thus before the learned Collector concerned. Thereins, the present petitioner impleaded Gram Panchayat of village Dagam, Block and Tehsil Garhshankar, District Hoshiarpur through its Sarpanch Smt. Surinder Kaur, thus as defendant/respondent. In the petition (supra), the petitioner herein claimed the relief of a declaratory decree being made in her favour, that she, as such be declared a valid owner in possession of the disputed land. The learned Collector concerned, through a decision made on the said petition, on 17.5.2017, and, to which Annexure P-5, is assigned, declined the espoused declaratory relief to the petitioner herein. The above declining order, as made on the petition (supra), led the petitioner to institute thereagainst a statutory appeal bearing No. 63 of 2017, before the competent appellate authority concerned. However, through a decision made thereons, on 14.10.2022, to which Annexure P-6 is assigned, the learned Appellate Authority concerned, after recording a verdict of dismissal
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 presumption of truth in revenue records prevails unless cogent evidence is presented to the contrary, affirming the Gram Panchayat's ownership over disputed lands.
The court emphasized the necessity of adjudicating all grounds raised in an appeal, particularly concerning ex-parte proceedings, ensuring fair hearing and justice.
The admissibility and provenance of additional evidence, and the opportunity to adduce rebuttable evidence, are crucial in reaching a decision.
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