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SURESHWAR THAKUR, KULDEEP TIWARI
Labh Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
CM-1729-CWP-2023
Allowed as prayed for.
CWP-27599-2019
Gram Panchayat Dodra, Block Samana, Tehsil Samana, District Patiala, through its Sarpanch Lakhvir Singh, instituted a petition under Sections 4 and 5 of The Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, thus impleading therein one Jarnail Singh, and, others as party respondents-defendants concerned.
2. In the said eviction petition the Gram Panchayat claimed that an order of eviction be made against the respondents-defendants, who thus became impleaded, as such in the said petition.
3. The learned Collector concerned, through an order drawn thereon on 08.06.2017 (Annexure P-2) after considering the entire documentary evidence, and, as became placed before him proceeded to grant the asked for relief for a decree of eviction being made in favour of the Gram Panchayat concerned.
4. The learned counsels appearing before this Court firmly submit, that the said order of eviction has remained un-appealed or unchallenged, before the Competent Appellate Authority, therefore as such it acquirs binding, and, conclusive effect, and, as such was required to be, in the quickest pro
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 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.
Necessity for awaiting a final decision by the competent appellate authority before executing an eviction order.
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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