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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Gram Panchayat Bhudian – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Since both the supra writ petitions arise from a common verdict, as, made by the learned Revisional Court concerned, therebys both become amenable for a common verdict being made thereons.
2. Through the instant writ petitions, the petitioner seek the quashing of the order dated 30.5.2022 passed by the learned Financial Commissioner, Haryana, wherebys the revision petition filed against the order dated 24.11.2021, passed by the learned Commissioner concerned, became dismissed, besides therebys the order dated 24.12.2020, passed by the learned Collector, Ambala, and, the order dated 24.11.2021, passed by the Commissioner, Division Ambala dated 24.11.2021, thus became affirmed.
3. For brevity, the facts are being taken from CWP No. 29007 of 2022.
4. It is averred in the instant petition, that initially two suits became filed under Section 13 -A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act of 1961'). One of such filed suit(s) was by one Ram Ji Lal (respondent No. 5 in CWP No. 28866 of 2022) and others against the Gram Panchayat Bhudian. In the said suit, the plaintiffs claimed the rendition of a declaratory relief for theirs
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
The court affirmed that lands classified as Shamlat Deh cannot be claimed for exclusive ownership without sufficient evidence of independent cultivation prior to 1950.
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.
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