The High Court disposed of a writ petition challenging eviction orders without adjudicating the petitioner's ownership claim. The court held that proprietorship issues shall be determined via a declaratory suit under Section 11.
Effusion of this writ petition with liberty to file declaratory suit under Section 11.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.18812 of 2015 (O&M) Date of Decision: 08.10.2015
Shiv Kumar
... Petitioner
VS.
Gram Panchayat & Ors. ... Respondents
CORAM: HON’BLE MR.JUSTICE SURYA KANT HON’BLE MR.JUSTICE P.B. BAJANTHRI
Present: Mr. AGS Dhillon, Advocate for the petitioner
Mr. JS Bhandohal, Advocate for caveator/ respondent No.1
Mr. Rajesh Bhardwaj, Addl. AG Punjab
SURYA KANT, J. (Oral)
(1) The petitioners are aggrieved by orders dated 19.09.2013 (P1) and 17.06.2015 (P2) passed by the Collector, Patiala and the Appellate Authority, respectively under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 directing their eviction from the land measuring 3 bighas situated within the revenue estate of village Village Kheri Gaurian, Tehsil and District Patiala comprised in Khasra No.521 min 522 min which is statedly shamlat deh and vests in the Gram Panchayat.
(2) Mr. Bhandohal learned counsel for the Gram Panchayat who is on Caveat states that possession of the suit land has already been taken by Gram Panchayat in accordance with law on 19.09.2015.
V.VISHAL 2015.10.29 15:15 I attest to the accuracy and authenticity of this document
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(3) Be that as it may, the question whether the petitioner has any proprietorship claim over the subject-land can be determined in a declaratory petition under Section 11 of 1961 Act. We thus dispose of this writ petition but with liberty to the petitioner to file a declaratory petition under Section 11 of the Act, if so advised, and establish his claim. Needless to say that those proceedings shall be decided by the competent Court under the Act in accordance with law and on consideration of the evidence that may be led, uninfluenced of the findings given in these summary proceedings.
(4) Disposed of.
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V.VISHAL 2015.10.29 15:15 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether the writ petition which challenged eviction orders should be disposed of having a liberty to file a declaratory suit.
Whether the question of proprietorship claim over the subject land is to be determined in summary proceedings under writ jurisdiction or in a separate suit.
2 provisions across 1 enactments
Shiv Kumar
Gram Panchayat
Surya Kant
P.B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
