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SURESHWAR THAKUR, KULDEEP TIWARI
Labh Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petition for eviction under relevant act. (Para 1 , 2 , 3) |
| 2. locus standi to maintain the petition established. (Para 4 , 5 , 6) |
| 3. judicial discretion in execution of orders. (Para 7 , 8) |
| 4. objections to execution decision to be determined by executing court. (Para 9) |
| 5. judgment disposed of; conclusion reached. (Para 10) |
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
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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