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SURESHWAR THAKUR, KULDEEP TIWARI
Harpal Singh @ Satpal Singh (Since Deceased) – Appellant
Versus
Director Rural Development And Panchayats Department, Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner’s valid allotment of land disputed (Para 1 , 2) |
| 2. no valid demarcation or notice of encroachment established (Para 3 , 4 , 5) |
| 3. writ petition allowed; impugned orders quashed (Para 6) |
JUDGMENT
Mr. Sureshwar Thakur, J.
The petitioner is aggrieved from the concurrently made orders of eviction against him, respectively by the learned Collector concerned, and, later by the appellate authority concerned. The said orders are respectively enclosed as Annexure P-12, and, as Annexure P-15, to the instant writ petition.
2. Admittedly, the parties are not at contest with respect to the present petitioner being a valid allottee of the disputed land. On the disputed land, the petitioner has raised his house. The allegation raised against the petitioner, is that, in his raising his house on the petition land, his also making an encroachment upon the land, allotted to one Karnail Singh. Moreover, it is also alleged against the petitioner, that in his raising a house even on the land of Karnail Singh, rather is doing so, after getting Karnail Singh's land alienated in his favour. Thus, it is alleged that the petitioner did cause breach to the relevant terms and condition
The amendment to the Punjab Village Common Lands Act provides retrospective validity to allotments made before July 9, 1985, thereby affirming the legality of previous allotments despite prior Suprem....
The court ruled that an eviction petition under the Punjab Village Common Lands Act must be converted into a title suit for valid jurisdiction, invalidating subsequent orders if not.
Encroachment disputes on government-allotted property must be resolved in civil court, not through writ petitions under Article 226 of the Constitution.
Prior notice is mandatory before eviction proceedings can be initiated under the Arunachal Pradesh Public Premises Act, ensuring adherence to principles of natural justice.
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