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SURESHWAR THAKUR, KULDEEP TIWARI
Sadhu Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
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| 1. eviction order lacks establishment of petitioner's locus standi. (Para 1 , 2) |
| 2. validity of eviction order contingent on proper demarcation report. (Para 4 , 5) |
| 3. court refuses to enforce eviction order; suggests procedural compliance. (Para 6 , 7 , 8) |
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
CM-17572-CWP-2022
Allowed as prayed for.
Main Case
The present petitioner, who was not a party, in the memo of parties carried in an order (Annexure P-1) recorded on 27.02.1998, upon file No.36/VCL, whereby the Gram Panchayat's petition for seeking eviction of the respondents therein was allowed, thus accesses this Court for executing the said decree of eviction.
2. In pursuance to the making of Annexure P-1, the learned Collector concerned, issued warrants of possession (Annexure P-2). The effect of the present petitioner not being imp leaded, as a party in Annexure P-1, but as a perform respondent therein, to aid the Gram Panchayat concerned, to secure a decree of eviction in respect of the panchayat lands, results in an inference that thereby he has no locus standi at all to ensure that a valid execution be ensured to be made qua Annexure P-1. In consequence, the effect of th
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.
Eviction orders under the Punjab Village Common Lands Act cannot be enforced until they attain finality, especially when a statutory appeal is pending.
The necessity of a valid demarcation report is crucial for establishing claims of encroachment on common land under the Punjab Village Common Lands Act.
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