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SURESHWAR THAKUR, SUDEEPTI SHARMA
Ajit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
One Ajit Singh son of Banta Singh, resident of Village Toti, Tehsil Sultanpur Lodhi, District Kapurthala, instituted a Suit No.17/2013/A.D.C.(D), on 05.07.2013, before the Addl. Deputy Commissioner(D)-cum-Collector Panchayat Lands, Kapurthala. The said suit was instituted under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter in short referred to as 'the Act of 1961'), whereby he claimed for the rendition of a declaratory decree, thus, declaring him to be the owner in possession of the suit land. Through Annexure P-1, being made on the said lis on 05.10.2015, the learned Collector concerned, declined the espoused declaratory decree to the plaintiff one Ajit Singh.
2. The denial of the espoused declaratory decree to Ajit Singh by the learned Collector concerned, led him to institute there against a statutory appeal bearing No.147 of 2015(Annexure P-3), before the Ld. Commissioner concerned, who after accepting the said statutory appeal, proceeded to, thus, grant the espoused declaratory decree to the plaintiff one Ajit Singh.
3. The decision (supra), as became made by the Ld. Commissioner, led the Gram Panchayat con
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 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 emphasized the necessity of adjudicating all grounds raised in an appeal, particularly concerning ex-parte proceedings, ensuring fair hearing and justice.
The admissibility and provenance of additional evidence, and the opportunity to adduce rebuttable evidence, are crucial in reaching a decision.
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.
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