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SURESHWAR THAKUR, SUDEEPTI SHARMA
Lakhvir Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
The petitioner alleges that some encroachments are made, upon the lands designated, as gair mumkin hadda rori, gair mumkin chappar and gair mumkin passage. Therefore, for ensuring that lawful action against the encroachers, upon the above lands, is drawn by the Sarpanch of the Gram Panchayat concerned, and/or by the BDPO concerned, thus a validly made demarcation of the relevant sites is required to be conducted by an empowered revenue officer concerned.
2. In the above endeavour, the BDPO concerned, has addressed a letter (Annexure P-4) to the Tahsildar Samana for conducting demarcation of the relevant lands, through his making directions, upon an empowered revenue officer concerned. However, despite the said letter (Annexure P-4) becoming addressed to the Tahsildar, Samana, yet no further directions have been passed by Tahsildar, Samana, upon any empowered revenue officer concerned, so that thereby demarcation of the above site is conducted. Consequently, for the failure of action takings by the Tahsildar, Samana, thus no lawful motion yet has been drawn under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'th
The court mandates lawful demarcation of encroached lands under the Punjab Village Common Lands Act, emphasizing the responsibilities of revenue officials to act against encroachments.
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.
The court emphasized the importance of a valid demarcation of the site concerned and directed the Competent Authority to take necessary action if encroachments are found on the recorded Gair Mumkin R....
Failure to follow the statutory procedure for eviction under Section 7 of the Act of 1961 led to the quashing of the office order and the appellate authority's decision.
Conflict of interest in filing a petition under Section 7 of The Punjab Village Common Lands (Regulation) Act, 1961.
The Executive Magistrate must issue a conditional order under Section 133 Cr.P.C. for encroachments on public passages, failing which the proceedings are invalid.
Lack of authorization by the Gram Panchayat or the State Government rendered the application under Section 7(1) of the Act of 1961 not maintainable.
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