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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, HARSH BUNGER
Bachna Ram – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harsh Bunger, J.
1. Petitioners have filed the instant writ petition under Articles 226/227 of the Constitution of India seeking a writ in the nature of certiorari for quashing of the eviction petition filed by Gram Panchayat, Dhanoor, Tehsil Samrala, District Ludhiana (respondent No.3) with a further prayer for restraining the authorities from proceeding further with the eviction proceedings and eviction of the petitioners from the land in question.2. Briefly, respondent No.3-Gram Panchayat, Dhanoor filed an eviction petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (here-in-after referred to as 'the Act, 1961') seeking eviction of petitioner No.1-Bachna Ram from the land in dispute. Present petitioner No.1 appeared in the said petition and submitted his written statement, opposing the prayer of the Gram Panchayat and seeking dismissal of the eviction proceedings.
3. During the pendency of the eviction proceedings, the petitioners have filed the instant writ petition seeking quashing of the eviction petition/proceedings by taking various pleas. The sum and substance of case of petitioners is stated in para 4 of the writ petition, which read
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
The central legal point established in the judgment is the interpretation and application of Section 4(3)(ii) of the Punjab Village Common Lands Act, 1961 in determining the possession and rights of ....
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.
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