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SURESHWAR THAKUR, KULDEEP TIWARI
Gurvinder Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. details of land encroachment case. (Para 2) |
| 2. collector's dismissal of gram panchayat's claim. (Para 3 , 5) |
| 3. appellate authority reversal of collector's decision. (Para 4) |
| 4. court's analysis of land classification under law. (Para 6 , 7) |
| 5. court orders remand for lawful resolution. (Para 8 , 9 , 10) |
JUDGMENT
Sureshwar Thakur, J.
Since both the petitions arise from a common order, made by the Appellate Authority concerned, and, as becomes embodied in Annexure P-6, therefore, both the petitions are amenable to become decided through a common verdict becoming made thereons.
Factual Background
2. The Gram Panchayat village Randhawa, instituted a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, and, under Sections 4 , 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, seeking therein the relief that the petitioners herein, respondents therein, becoming evicted from the petition khasra numbers. The said petition is appended to the writ petition as Annexure P-4. The learned Collector concerned, dismissed the plea, as raised by the Gram Panchayat in the above said petition. However, thereafter in an appe
The necessity of a valid demarcation report is crucial for establishing claims of encroachment on common land under the Punjab Village Common Lands Act.
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 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.
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