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SURESHWAR THAKUR, KULDEEP TIWARI
Avinash Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
The petitioners herein, in the respective writ petitions, filed separate petitions under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the PVCL Act'), before the Collector concerned. The said petitions were decided through separate orders, on 14.02.2019, by the Collector concerned. The said order becomes appended as Annexure P-2 in CWP-10420-2023 and Annexure P-6 in CWP-10449-2023, whereins the Collector concerned, passed a disaffirmative order, declaring the Gram Panchayat concerned, respondent herein, as owner of the disputed land.
2. However, the aggrieved from the said separate orders, as became respectively made by the learned Collector concerned, on each of the separate petitions (supra), preferred separate statutory appeals, before the Competent Appellate Authority. The learned Appellate Authority through an order made on 08.07.2022, appended as Annexure P-5 in CWP-10420-2023 and as Annexure P-9 in CWP-10449-2023, rather made a decision, upon appeal No.273 of 2019, as became instituted before it, by one Mahinder Singh. On the above appeal, an order of dismissal was made and the order passed by the le
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.
The central legal point established in the judgment is the requirement to follow the procedure of framing issues and providing an opportunity for evidence submission in accordance with the law.
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 emphasized the necessity of adjudicating all grounds raised in an appeal, particularly concerning ex-parte proceedings, ensuring fair hearing and justice.
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