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SURESHWAR THAKUR, KULDEEP TIWARI
Bawa Singh (Since Deceased) – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J.
Factual Background
The jamabandi appertaining to the writ lands, is carried in Annexure P-1. A perusal of Annexure P-1 underscores the factum, that though in the column of ownership, the writ land, does carry the denomination of Jumla Mustarka Malkan Hakdaran Hasab Rasab Rakba, but in the column of classification, it has been designated as Gair Mumkin Hadda Rori. If so, though in the wake of the import of the entry of Jumla Mustarka Malkan Hakdaran Hasab Rasab Rakba hence the village proprietary cultivators concerned, do become, to the extent of their lawful land holdings in the Mohal concerned, rather entitled to make cultivating possession of the writ lands, but yet the designation assigned to them in the column of classification, inasmuch as, theirs being designated as Gair Mumkin Hadda Rori, prima-facie, did make them unsuitable for cultivation, as the import of the said entry, is, of theirs being meant for bearing the carcasses of animals.
The Resolution(S) Of Panchayat
2. On 24.04.1993 the Panchayat approved a resolution, that because of the increase in the size of the abadis the above said land, has neared the abadis,. Therefore, for avoiding any d
The main legal point established in the judgment is that the exchange of land must be for the benefit of the village inhabitants and in accordance with statutory provisions of law.
The court held that a Gram Panchayat cannot authorize land exchanges affecting common paths while legal disputes regarding such paths are pending, affirming that such actions are not in public intere....
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
The court affirmed that lands classified as Shamlat Deh cannot be claimed for exclusive ownership without sufficient evidence of independent cultivation prior to 1950.
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
The Director (Consolidation) lacks the authority to approve land exchanges involving Gram Panchayat property; such matters must be resolved by the Panchayat for the benefit of all villagers.
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