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SURESHWAR THAKUR, LALIT BATRA
Raghbir Singh @ Raghvir Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
The disputed khasra number is carried in khasra No. 31//1(8-0). The said khasra number is entered in the records of rights in the ownership of the Gram Panchayat concerned. However, the present petitioners claim, that they are the title holders over the said khasra number. The said claim became rested, upon an order Annexure P-4, rendered by the Director, Land Records, wherebys the mistake in respect of the apposite musteel number hence resulting in the same thus being erroneously entered in favour of the Gram Panchayat concerned, rather was ordered to be corrected. The Gram panchayat concerned, became aggrieved from Annexure P-4, and, thereby for annulling the said annexure, it proceeded to institute a declaratory suit, cast under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961'), thus before the Collector concerned. Through a decision made on the said suit, on 17.5.2016 (Annexure P-7), the Collector concerned, after upholding Annexure P-4, proceeded to decline the declaratory relief, as became claimed by the Gram Panchayat concerned, vis-a-vis, the disputed khasra No. 31//1(8-0). Resultantly,
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 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 presumption of truth in revenue entries can be rebutted by cogent evidence demonstrating independent possession prior to the statutory cut-off date.
The court emphasized the necessity of adjudicating all grounds raised in an appeal, particularly concerning ex-parte proceedings, ensuring fair hearing and justice.
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.
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