SURESHWAR THAKUR, KULDEEP TIWARI
Tarlochan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
The counsel for the parties at contest, do not controvert, the fact that a binding and conclusive order of eviction became made by the learned Collector concerned, on 17.12.2013 upon file No. 14. Therefore, the above made binding and conclusive order of eviction, was required to be promptly and completely enforced, by the respondents concerned. In the above regard, it appears that the Collector concerned, did take prompt steps to enforce the binding and conclusive order of eviction (Annexure P-1), inasmuch as, the warrants of possession became drawn on 10.06.2014. The above warrants of possession were issued to the Tehsildar and Naib Tehsildar of the Block concerned. However, yet there is no mentioning therein about the dates whereon the said warrants of possession were made returnable.
2. Be that as it may, the striking aspect of the case, is that, the warrants of possession were drawn much earlier from today, and or were drawn in the year 2014, and, yet they have till date remained unexecuted. Thus, leading the petitioner herein to access this Court, but, for ensuring that appropriate directions be made, upon, the respondents concerned, along wi
Eviction orders under the Punjab Village Common Lands Act cannot be enforced until they attain finality, especially when a statutory appeal is pending.
The court emphasized the necessity of compliance with statutory provisions and natural justice principles in eviction proceedings, mandating that execution petitions be filed to allow for objections ....
The Assistant Collector has exclusive jurisdiction over eviction matters under the Punjab Village Common Lands Act, and actions by the Deputy Commissioner attempting to usurp this authority are void.
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