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SURESHWAR THAKUR, KULDEEP TIWARI
Ravinder Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. challenge to eviction orders and jurisdiction. (Para 1) |
| 2. claims of unauthorized occupation and appeal process. (Para 2 , 3) |
| 3. improper dismissal of separate appeals without individual consideration. (Para 4 , 5) |
| 4. remand for separate consideration and decision within six months. (Para 6) |
| 5. conclusion of the case and disposition of pending applications. (Para 7) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
The instant petition has been filed seeking quashing of order dated 7.3.2018 (Annexure P-5) vide which the Collector, Jalandhar, in a petition filed under Sections 3 , 4 and 5 of the PUNJAB PUBLIC PREMISES ACT , 1965 (hereinafter referred to as 'the Act of 1965') and Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act of 1961') thus declaring the petitioners as unauthorized occupants, upon, the petition land(s) which is described in the revenue record as Mushtarka Malkan land. Moreover, the order dated 27.6.2023 (Annexure P-12), as, passed by the statutory appellate authority (respondent No.2) vide which 13 different appeals were decided by a common order, thus is also asked to be quashed and set aside.
2. Respondents No. 5
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.
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
Eviction orders under the Punjab Village Common Lands Act cannot be enforced until they attain finality, especially when a statutory appeal is pending.
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.
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