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SURESHWAR THAKUR, KULDEEP TIWARI
Harbhajan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
The petitioner, through the instant writ petition, has invoked the superintending jurisdiction of this Court, as envisaged under Article 227 of the Constitution of India, thereby, claiming the relief for setting aside of the order dated 14.01.2022 (Annexure P-12), where through, the respondent No.2 made an affirmative order upon the statutory appeal, as preferred at the instance of the Gram Panchayat concerned, against the order dated 28.02.2013 (Annexure P-9).
2. The further relief, as craved in the instant writ petition, relates to upholding of the order dated 28.02.2013 (Annexure P-9), for thereby declaring the petitioner as owner of the petition land, i.e. 30 Kanals 16 Marlas, comprised in Rect. No.8, Killa No.2 (8-0), 3 (8-0), 4 (7-8), 7 (7-8), situated at Village Sarai, District Gurdaspur.
3. The primary ground, as canvassed by the petitioner for procuring the relief(s) (supra), emerges from the exclusionary clause of "shamlat deh", as carried in Section 2 (g)(viii) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'). By placing reliance upon the exclusionary clause (supra), the petitioner has
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
The central legal point established in the judgment is that an order passed by a court without jurisdiction is a nullity.
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 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....
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