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SURESHWAR THAKUR, KULDEEP TIWARI
Harchand Singh – Appellant
Versus
Joint Development Commissioner Punjab – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
Factual Background
Through a petition instituted before the ld. Collector concerned, under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), the petitioners claimed a declaratory relief in their favour, qua title over the petition land(s), measuring 21 Kanals 13 Marlas, situated in Village Meham, Block Rajpura, District Patiala. However, the above relief, as claimed in the petition (supra), was declined by the ld. Collector concerned, vide order dated 27.09.2012 (Annexure P-3).
2. Feeling aggrieved by the dismissal order (supra), the petitioners made an unsuccessful attempt to challenge the validity thereof, by filing a statutory appeal before the learned statutory appellate authority, i.e. respondent No.1. However, the appeal so preferred by the petitioners was also dismissed vide order dated 19.02.2015 (Annexure P-4).
3. Consequently, the petitioners, through the instant writ petition, by invoking the superintendence powers of this Court, as envisaged under Article 227 of the Constitution of India, have challenged the concurrent orders passed by the statutory authorities below.
Subm
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
The court established that the Gram Panchayat has the right to claim ownership of land classified as 'Shamilat Deh' under the Punjab Village Common Lands Act, and private claims must be substantiated....
The court affirmed that land classified as 'Banjar Qadim' does not vest in the Gram Panchayat unless proven otherwise, and the presumption of truth in revenue records was upheld, leading to the dismi....
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
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