SURESHWAR THAKUR, KULDEEP TIWARI
Katar Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge to authority for removal of possession (Para 1 , 2) |
| 2. implications of prior binding verdict on possession (Para 3 , 4 , 5) |
| 3. dismissal of petition and removal of encroachments (Para 6 , 7 , 8) |
JUDGMENT
Sureshwar Thakur, J.
The petitioner is aggrieved from the making of Annexure P-4, and, Annexure P-5, and, has challenged the same on the ground, that no lawful authority vested in the authorities concerned, to draw an action, for the removal(s) of the alleged unauthorized possession of the petitioner, on the petition land.
2. The above submission is rested on the factum, that the drawings of Annexure P-4, and, Annexure P-5 would be valid only when prior thereto hence validly drawn binding, and, conclusive verdicts of eviction became rendered against the petitioner. However, the learned counsel for the petitioner argues, that since there are no validly drawn orders of eviction, and, that too with a conclusive, and, binding effect, and, but prior to the making of Annexures P-4 and P-5. Therefore, he contends, that the makings of Annexures P-4 and P-5 are completely void, and/or they intend to usurp without the procedure established by law, hence the petitioner
The presumption of truth in revenue entries can be rebutted by cogent evidence demonstrating independent possession prior to the statutory cut-off date.
The court emphasized the necessity of compliance with statutory provisions and natural justice principles in eviction proceedings, mandating that execution petitions be filed to allow for objections ....
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