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2023 Supreme(P&H) 2184

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Ravinder Singh & Ors. – Petitioners
Versus
State of Punjab & Ors. – Respondents
CWP NO. 13917 of 2023
Decided On : 18-07-2023

Advocates Appeared:
Mr. T.P.S. Tung, Advocate; For the Petitioners

Headnote:(A) Punjab Public Premises Act, 1965 - Sections 3, 4, and 5 - Punjab Village Common Lands (Regulation) Act, 1961 - Section 7 - Petition seeking quashing of orders declaring petitioners as unauthorized occupants of Mushtarka Malkan land and dismissing appeals for eviction - The Appellate Authority failed to individually assess the evidence for each appeal, leading to a legally untenable common dismissal. (Paras 2-5)

(B) Jurisdiction and Procedure - The Appellate Authority is required to provide separate findings for each appeal based on the specific facts and evidence presented. (Paras 4-5)

Facts of the case:
Petitioners challenged the Collector's determination of unauthorized occupation and the appellate decision that collectively dismissed 13 appeals based on one case's evidence.

Findings of Court:
The Appellate Authority's dismissal lacked adequate assessment of each appeal’s individual merits and must be redressed by remanding the appeals for separate consideration.

Issues: The main issue was whether the Appellate Authority properly exercised its jurisdiction and evaluated evidence specific to each appeal.

Ratio Decidendi: The court determined that the Appellate Authority's common verdict was procedurally flawed and amounted to a gross misunderstanding of its jurisdiction and duties.

Result: The Court ordered a remand for separate proceedings on each appeal within six months.

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 to 23 filed cases bearing Nos. PUN / JDC / EVP-001195 / 2018, PUN / JDC / EVP-001178/2018, PUN / JDC / EVP- 001192/2018, PUN / JDC / EVP-001197 / 2018, PUN / JDC / EVP-001180 / 2018, PUN / JDC / EVP-001163 / 2018, PUN / JDC / EVP-001167 / 2018, PUN / JDC / EVP-001194 / 2018, PUN / JDC / EVP-001193 / 2018, PUN / JDC / EVP-001169 / 2018, PUN / JDC / EVP-001172 / 2018, PUN / JDC / EVP-001198 /2018, PUN / JDC / EVP-001176 / 2018, in the Court of Collector, Jalandhar for eviction of the petitioners from the petition land (s) claiming that they are unauthorized occupants, and, thus illegally possess the suit land(s) which rather belongs to the Gram Panchayat concerned. The respondents challenged the application for eviction and raised the issue of maintainability of the application itself. It is further pleaded that the respondents vide different sale-deeds drawn on different dates are bonafide purchaser(s) of the petition land(s) from its real owners. The learned Collector comes to the conclusion that the petitioners are unauthorized occupants upon the petition land(s) thus vide order dated 7.3.2018 they were directed for eviction and the petition land(s) were declared to vest in the Gram Panchayat concerned, and thereby they were declared to be meant to be under the management and control of the Gram Panchayat concerned.

3. However, all the aggrieved from the said common order, as made by the learned Collector concerned, on the petition cast under Sections 3 , 4 and 5 of the Act of 1965 and Section 7 of the Act of 1961 (supra), preferred separate statutory appeals, before the Competent Appellate Authority. The learned Appellate Authority through drawing Annexure P-12, made a decision, only upon appeal No. PUN/JDC/EVPP/2018/001195, as became instituted before it, by one Ravinder Singh. On the above appeal, an order of dismissal was made on 27.6.2023.

4. Though there is a complete discussion by the learned Appellate Authority, in respect of appeal No.PUN/JDC/EVPP/2018/001195. However, the learned Appellate Authority without referring to the facts of each of the separate appeals, and, also without referring to the evidence(s) qua each of the separate appeals, but made decisions on all statutory appeals thus merely made on the basis of the discussions, as, made in respect of appeal No.PUN/JDC/EVPP/2018/001195, as became instituted before it, by one Ravinder Singh, thereby concluded that the other appeals also which became separately instituted before it, and which became assigned separate appeal numbers, and, as arose from common decision (Annexure P-5), as made by the learned Collector concerned, are also purportedly governed by the facts and evidence, as, adduced in respect of appeal No.PUN/JDC/EVPP/2018/001195. Resultantly all the appeals were also dismis

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