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SURESHWAR THAKUR, KULDEEP TIWARI
Jagraj Singh – Appellant
Versus
Joint Development Commissioner (Ird) Punjab – Respondent
| Table of Content |
|---|
| 1. ownership claimed via declaratory decree. (Para 1 , 2) |
| 2. appeal raised after a significant delay. (Para 3 , 4) |
| 3. binding effect of unchallenged order. (Para 5 , 11) |
| 4. arguments on ostensible ownership. (Para 6 , 8 , 9 , 10) |
| 5. order to maintain status quo and conclude matter. (Para 12 , 13) |
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
Maghar Singh and others instituted suit No.65/DDPO on 05.04.1995 before the learned Collector concerned. In the said case Gram Panchayat Badrukhan through its Sarpanch Darshan Singh, village Badrukhan, Tehsil and District Sangrur, became imp leaded as party-respondent therein. The above suit was instituted under Section 11 of The Punjab Village Common Lands (Regulation) Act, 1961, whereby the plaintiffs' claimed the rendition of a declaratory decree, thus for theirs becoming declared, as owners in possession of the suit khasra numbers. Through a decision made there ons, on 04.08.1997 (Annexure P-1), the title suit (supra), became decreed by the learned Collector concerned.
2. In pursuance to the drawing of the said decree of declaration by the learned Collector concerned, the updation of revenue records also occurred, thus on 28.01.1999,
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.
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 presumption of truth in revenue records prevails unless cogent evidence is presented to the contrary, affirming the Gram Panchayat's ownership over disputed lands.
The main legal point established is that previous decisions under relevant acts should be given due consideration, and procedural requirements akin to a regular Civil Court must be followed in simila....
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