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SURESHWAR THAKUR, KULDEEP TIWARI
Bhupinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Kuldeep Tiwari, J.
As common questions of law and facts arise in both these writ petitions, therefore, they are being decided and disposed of by this common judgment. For brevity, the facts are being extracted from CWP- 25676-2019.
2. Initially, the writ petition, CWP-25676-2019, was filed by total nine petitioners, however, petitioner Nos.4, 6, and, 8 chose to withdraw the petition, and, consequently, the writ petition qua these petitioners was ordered to be dismissed as withdrawn, vide order dated 30.09.2019. Therefore, this writ petition survives only qua petitioner Nos.1 to 3, 5, 7 and 9.
Factual Matrix
3. In pursuance of Rule 13-A of the Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as the 'Rules of 1964' for short), the Government of Punjab formulated a policy dated 17.04.2001, thereby empowering Gram Panchayats to, with the prior approval of the State Government, allot plots to landless/houseless workers, from shamlat deh land, vesting in the Gram Panchayat concerned, for construction of houses thereon by such persons. To carry out the above exercise of allotment of plots, the policy (supra) enunciates the calling of a meeting by the Gra
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
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