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SURESHWAR THAKUR, SUDEEPTI SHARMA
Baba Balkar Singh – Appellant
Versus
Joint Development Commissioner (IRD), Punjab – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
Factual Background
That the petitioner filed petition under section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 hereinafter for short called as 'the Consolidation Act' before the Director, Consolidation of Holdings, for making the deficiency of the land of the religious place 'Takia Daswandhi Shah', thus being the proprietor of the above said religious place. The Director vide his order dated 19.12.1989, accepted the said petition and remanded the case to the Consolidation Officer to check the record and make up the deficiency.
2. In compliance with the order of the Director, the Consolidation Officer vide order dated 28.05.1990 (Annexure P-1), ordered for making up the deficiency of 11 kanals 13 marlas of land of 'Takia Daswandhi Shah'.
3. Respondent No. 4-Gram Panchayat filed an appeal thereagainst before the Settlement Officer. However, the said appeal became dismissed.
4. Feeling dis-satisfied from the afore orders (Annexures P-1 and P-2), respondent No. 4-Gram Panchayat preferred an appeal before the Assistant Director, Consolidation of Holdings, Jalandhar. The Assistant Director, through its order dr
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
The Wakf Tribunal has exclusive jurisdiction over properties classified as Takia, graveyard, and Maszid, which are deemed public graveyards and cannot be divested by non-user.
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The court affirmed that land classified as 'Banjar Qadim' does not vest in the Gram Panchayat unless proven otherwise, and the presumption of truth in revenue records was upheld, leading to the dismi....
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
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