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SURESHWAR THAKUR, KULDEEP TIWARI
Gram Panchayat Toti – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
One Ajit Singh instituted case No.17/2013/A.D.C.(D), thus before the learned Collector concerned. In case (supra), he impleaded Gram Panchayat village Toti, Tehsil Sultanpur Lodhi, District Kapurthala, through Sarpanch Kehar Singh, as a defendant-respondent. The above petition was instituted under Section 11 of The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the Act"), with a claim therein, that the plaintiff-petitioner be declared, as owner in possession of the petition lands.
2. The learned Collector concerned, through a decision made on 05.10.2015 (Annexure P-3), upon the case (supra), declined the asked for declaratory relief to the plaintiff-petitioner. The above order of dismissal, as, made on the plaintiff's suit, by the learned Collector concerned, led the aggrieved therefrom Ajit Singh, to institute there against an appeal before the learned Commissioner concerned. Through a decision made on 22.01.2016 (Annexure P-4) on an appeal bearing No.147 of 2015, the learned Appellate Authority after accepting the above statutory appeal proceeded to annul the order Annexure P-3, as became earlier recorded by th
The court emphasized the necessity for procedural fairness and detailed reasoning in administrative decisions, particularly regarding the validity of documents and the rights of affected parties.
The court affirmed that the Gram Panchayat's claim to ownership over the disputed khasra number was valid, emphasizing the binding nature of the Director's order correcting clerical errors.
The court emphasized the necessity of adjudicating all grounds raised in an appeal, particularly concerning ex-parte proceedings, ensuring fair hearing and justice.
Statutory authorities must evaluate each petition and appeal based on its specific facts and evidence, rather than relying on a common basis for multiple cases.
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