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SURESHWAR THAKUR, KULDEEP TIWARI
Gobindgarh Educational And Social Welfare Trust – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. challenge to alienation based on statutory rights. (Para 1 , 2) |
| 2. judicial review of collector's jurisdiction and errors. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. writ petition outcome quashing prior order. (Para 11) |
JUDGMENT
Sureshwar Thakur, J.
The gravamen of the lis, as encapsulated in the instant writ petition, is that, through a Resolution made on 28.04.1995, the petition lands comprised in Khasra No.90, 93, 94 and 95, became alienated by the Gram Panchayat concerned, in favour of co-respondent No.2, petitioner herein.
2. The said Resolution, thus leading to the making(s) of alienations of the Khasra numbers (supra), resulted in an appeal under Section 6 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), being instituted thereagainst, by the aggrieved proprietors, over the disputed Khasra numbers (supra), who are impleaded as co-respondents No.4 to 7 hereins. The said appeal succeeded, through the makings of Annexure P-22, leading the aggrieved therefrom, to institute the instant writ petition before this Court, whereby, a challenge is thrown to Annexure P-22.
3. The challenged Resolution of the Gram Panc
The Gram Panchayat can only alienate shamlat deh lands for village benefit; any resolution lacking proof of ownership is legally invalid, and jurisdictional overreach by the Collector is impermissibl....
The presumption of truth in revenue records prevails unless cogent evidence is presented to the contrary, affirming the Gram Panchayat's ownership over disputed lands.
The court affirmed that the Gram Panchayat's claim to ownership over the disputed khasra number was valid, emphasizing the binding nature of the Director's order correcting clerical errors.
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.
The main legal point established in the judgment is the application of the principle of res judicata in civil proceedings, as enshrined in Section 11 of the Code of Civil Procedure, to give finality ....
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 eviction process under the Haryana Village Common Land Act requires substantiation with relevant documents; mere claims of disputed title without evidence are insufficient.
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