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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Gram Panchayat Garhi Padla – Appellant
Versus
Commissioner Ambala Division, Ambala – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner seeks the quashing of the order dated 17.11.1998 (Annexure P-2) passed by respondent No. 1, wherebys the revision petition filed by the respondent No.
2 against the order dated 15.11.1996, passed by the Assistant Collector concerned, was allowed and the order supra became set aside.
Brief facts of the case
2. It is averred in the instant petition, that since respondent No. 2 was in illegal and unauthorized occupation of the land belonging to the Gram Panchayat concerned, therefore, the Gram Panchayat concerned, filed a petition under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act of 1961), thus seeking the eviction of respondent No.2 from the petition land. After due service of notice upon respondent No. 2, and, after hearing his objections, respondent No. 2 was ordered to be evicted from the petition land on 9.4.1985. It is further averred in the instant petition, that owing to some unavoidable circumstances and collusion of respondent No. 2 with the Gram Panchayat concerned, the apposite execution petition was filed in the year 1995. Moreover since, the possessi
The court emphasized the necessity of compliance with statutory provisions and natural justice principles in eviction proceedings, mandating that execution petitions be filed to allow for objections ....
Revisional jurisdiction can only be exercised in eviction matters when a question of title is raised, adhering to statutory provisions.
Adverse possession requires proof of open, continuous, and hostile possession with the necessary animus, which the petitioner failed to establish.
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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