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Gurcharan Singh Vs Panchayat Samiti — Punjab & Haryana HC (2025) — LawSathi Research

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Punjab & Haryana HC
2025
Gurcharan Singh Vs Panchayat SamitiGurcharan Singh v. Panchayat Samiti

Dismissed¶26

Gurcharan Singh v. Panchayat Samiti

Punjab & Haryana HC17 Jul 2025RSA/3436/1998

Case brief

AI extract

What is this about?

RSA-3436-1998 (O&M); 2025:PHHC: 087163; Gurcharan Singh and others v. Panchayat Samiti, Ferozepore; High Court of Punjab and Haryana at Chandigarh; Deepak Gupta, J.; oral judgment dated 17.07.2025; regular second appeal; suit for declaration of ownership and possession; locus standi challenged by defendant-Panchayat Samiti; trial Court dismissal 04.09.1997; First Appellate Court dismissal 21.05.1998; CWPs No.17702 to 17705 of 1996 (Panchayat Samiti, Ferozepur v. State of Punjab, decided 17.02.1998); Government Letter dated February, 1962; mutation sanctioned; concurrent findings; no interference; appeal dismissed; none for appellants; Gulshan Sharma for respondent; not reportable.

What did the court decide?

There is no scope for this Court to interfere with the concurrent findings of the Courts below, as they were found to be based upon proper appreciation of the factual position.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the appellants (original plaintiffs) have any right or title in the suit land, which the Courts below found to belong to the respondent-Panchayat Samiti. +1 more

Ratio / Principle

There is no scope for this Court to interfere with the concurrent findings of the Courts below, as they were found to be based upon proper appreciation of the factual position.

Key takeaways

The regular second appeal is dismissed.ratio¶26

Detailed headnote1 paragraphs

Regular Second Appeal (RSA-3436-1998 (O&M)) by plaintiffs Gurcharan Singh and others against concurrent findings rejecting their suit for declaration of ownership/possession of suit land against Panchayat Samiti, Ferozepore. Trial Court dismissed the suit on 04.09.1997; the First Appellate Court dismissed the appeal on 21.05.1998, noting that in CWPs No.17702 to 17705 of 1996 (Panchayat Samiti, Ferozepur v. The State of Punjab, decided 17.02.1998) the land was found to belong to the Panchayat Samiti, having been transferred vide a Government Letter dated February, 1962 with mutation sanctioned, leaving the appellants with no right or title. Deepak Gupta, J. (oral), finding the conclusions based on proper appreciation of the factual position, saw no scope for interference and dismissed the appeal on 17.07.2025. Marked not reportable.

A

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

RSA-3436-1998 (O&M) Date of Decision :17.07.2025

GURCHARAN SINGH AND OTHERS

. . . APPELLANTS

Vs.

PANCHAYAT SAMITI, FEROZEPORE THROUGH ITS CHAIRMAN/CHAIRPERSON

. . . . RESPONDENT

CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA

Present: - None for the appellants.

Mr.Gulshan Sharma, Advocate, for the respondent.

DEEPAK GUPTA, J. (ORAL)

Nobody is putting in appearance on behalf of the appellants.

Counsel for the respondent has been heard.

This is an appeal filed by the plaintiffs of the case against concurrent findings of the Courts below. The paper-book as well as the grounds of appeal have been perused.

Claiming to be owners in possession of the suit land, plaintiffs had filed the suit for declaration to this effect and also sought to restrain the defendant from interfering in their possession. The defendant- respondent herein challenged the locus standi of the plaintiffs to file the suit and claimed it to be the owner thereof.

After framing of the issues and taking evidence, trial Court dismissed the suit on 04.09.1997. The appeal filed by the plaintiffs was dismissed by the First Appellate Court on 21.05.1998.

While dismissing the appeal, it was noticed by the First Appellate Court that in CWPs No.17702 to 17705 of 1996 titled Panchayat Samiti, Ferozepur Vs. The State of Punjab, decided by this Court on 17.02.1998 , the land in question was found to be belonging to the Panchayat Samiti i.e. the respondent herein . It was further found that suit

VIVEK PAHWA 2025.07.18 16:12 I attest to the accuracy and integrity of this document Chandigarh

RSA-3436-1998

2025:PHHC: 087163

land was transferred in the name of respondent-Panchayat Samiti vide a Government Letter dated February, 1962 and mutation was sanctioned accordingly and as such, there could be no dispute that Panchayat Samiti was the owner of the land and so appellants have no right or title in the property in dispute.

In view of the aforesaid findings, which are found to be based upon proper appreciation of factual position, there is no scope for this Court for calling for any interference.

Dismissed.

(DEEPAK GUPTA)

17.07.2025 JUDGE

Vivek

Whether speaking/reasoned : Yes Whether reportable : No

VIVEK PAHWA 2025.07.18 16:12 I attest to the accuracy and integrity of this document Chandigarh

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the appellants (original plaintiffs) have any right or title in the suit land, which the Courts below found to belong to the respondent-Panchayat Samiti.medium confidence¶24
2.
Whether the concurrent findings of the trial Court and the First Appellate Court call for any interference by this Court in the second appeal.medium confidence¶25
The court held
There is no scope for this Court to interfere with the concurrent findings of the Courts below, as they were found to be based upon proper appreciation of the factual position.ratio¶25

Cases cited

Colour shows how this judgement treated each authority

AI extract

Panchayat Samiti, Ferozepur Vs. The State of PunjabReferred¶20
CWPs No.17702 to 17705 of 1996 titled Panchayat Samiti, Ferozepur Vs. The State of Punjab

Procedural history

How this case reached the court

AI extract

Order under challenge
Dismissal by the First Appellate Court of the appeal filed by the plaintiffs against the dismissal of their suit for declaration.¶19
First Appellate Court · 21.05.1998
Prior proceeding
Plaintiffs, claiming to be owners in possession of the suit land, filed a suit for declaration and restraint against interference; the defendant challenged their locus standi and claimed ownership.¶18
Prior proceeding
Trial Court, after framing issues and taking evidence, dismissed the suit.¶19
Prior proceeding
First Appellate Court noticed that in CWPs No.17702 to 17705 of 1996 (Panchayat Samiti, Ferozepur v. The State of Punjab, decided 17.02.1998) the land in question was found to belong to the Panchayat Samiti.¶20
Prior proceeding
Suit land was transferred in the name of respondent-Panchayat Samiti vide a Government Letter dated February, 1962 and mutation was sanctioned accordingly; hence the finding that the Panchayat Samiti is the owner.¶24

Parties & counsel

AI extract

appellant
GURCHARAN SINGH AND OTHERS¶3
respondent
PANCHAYAT SAMITI, FEROZEPORE THROUGH ITS CHAIRMAN/CHAIRPERSON¶6
Gulshan Sharma

Coram

AI extract

Deepak Guptaauthor¶9

Case details

As recorded by the court registry

Court: Punjab & Haryana HC
Decided on: 17 Jul 2025 · July
Registered: 16 Nov 1998
Case no.: RSA/3436/1998
CNR: PHHC010459711998
Bench: Deepak Gupta
Disposal: DISMISSED
Case type: RSA

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Cite this judgement

Gurcharan Singh v. Panchayat Samiti, RSA/3436/1998 (P&H), decided on 17 July 2025.

The High Court of Punjab and Haryana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Panchayat Samiti, Ferozepur Vs. The State of PunjabReferred¶20

Open Authorities

Procedural history5

Dismissal by the First Appellate Court of the appeal filed by the plaintiffs against the dismissal of their suit for declaration.First Appellate Court · 21.05.1998
Plaintiffs, claiming to be owners in possession of the suit land, filed a suit for declaration and restraint against interference; the defendant challenged their locus standi and claimed ownership.
Trial Court, after framing issues and taking evidence, dismissed the suit.

View full history

Bench / Coram

Deepak Gupta

Parties & counsel