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SURESHWAR THAKUR, KULDEEP TIWARI
Jaspal Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. encroachment claims on gram panchayat land. (Para 2) |
| 2. limits of remedy for whistleblowers under the act. (Para 3 , 4) |
| 3. need for trial to resolve disputed questions of law. (Para 5 , 6) |
| 4. dismissal of the writ petition with conditions. (Para 7) |
JUDGMENT
Sureshwar Thakur, J. (Oral)
Reply by way of an affidavit to the petition has been placed on record by the State, which is taken on record.
2. The petitioners allege that co-respondents No.7 and 8, had made encroachments, upon the lands owned by Gram Panchayat. However, a motion became laid before the Director, Rural Development and Panchayats Department, Government of Punjab, at the instance of the aggrieved, from the above act of encroachments, made over the panchayat lands, by co-respondents No.7 and 8, who are respectively the Sarpanch, and, his son. The said resulted in an exoneration order becoming drawn, as carried in Annexure P-20, upon the said co-respondents No.7 and 8.
3. A challenge is made to the said order, as, comprised in Annexure P-20. A perusal of the reply on affidavit submitted to the writ petition on behalf of the respondents concerned, discloses, that the remedy as available to the petitioners a
Conflict of interest in filing a petition under Section 7 of The Punjab Village Common Lands (Regulation) Act, 1961.
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.
The court emphasized the enabling power of suspension and removal under Section 20 of the Punjab Panchayati Raj Act, 1994, and the requirement to follow principles of natural justice in taking necess....
The main legal point established in the judgment is the application of the principle of res judicata and constructive res judicata in determining the validity of the impugned orders.
The right to file an appeal under Sec. 51(5) of the Haryana Panchayati Raj Act, 1994 is given to the person aggrieved by an order passed under clauses (1), (3) and (4) of the section.
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