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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Hukmi – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. quashing of eviction order (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. failure to prove encroachment claim (Para 9) |
| 3. analysis of revisional jurisdiction (Para 10 , 11 , 12) |
| 4. section 7 of the act of 1961 (Para 13) |
| 5. diverging views in court decisions (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 6. interpretation of statutory provisions (Para 23 , 24 , 25 , 26 , 27) |
| 7. deciding title issues in eviction cases (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 8. evaluating the jurisdictional exercise (Para 34 , 35 , 36) |
| 9. final ruling on jurisdiction (Para 37) |
| 10. disposition of miscellaneous applications (Para 38) |
JUDGMENT :
SURESHWAR THAKUR , J.
1. Through the instant writ petition, the petitioner seeks the quashing of the order dated 5.5.1999 (Annexure P-11) passed by the Commissioner, Hisar Division, Hisar, wherebys through the impugned order (supra) passed on the revision petition filed by respondent No. 6 against the order dated 28.7.1998 passed by the District Collector, Jind, the matter was remanded to the Assistant Collector concerned. The petitioner has further sought a direction upon respondents No. 1 to 5 to remove the alleged encroachment, as made by respondent No. 6, thus
Revisional jurisdiction can only be exercised in eviction matters when a question of title is raised, adhering to statutory provisions.
The court ruled that while the Revenue Divisional Officer lacked jurisdiction to act suo motu, the Joint Collector's revisional powers were valid in addressing fraudulent claims over government land.
The Deputy Collector's notice issued beyond the one-year limit for calling records under the Tenancy Act was void, emphasizing the necessity of application of mind in such proceedings.
The main legal point established in the judgment is the wide jurisdiction of the Collector under Sec. 9 of the Act, 1971 to examine the regularity, correctness, legality, or propriety of any decision....
Under the relevant statute, a revenue authority is not required to stay summary eviction proceedings upon a mere assertion of title. A stay is only mandatory if the claimant provides prima facie docu....
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