Section 11 – Constitution of India, Article 226 -- Title dispute -- Vacation of interim relief – Writ jurisdiction -- No reason recorded, which called for vacation of interim relief by ADC -- Writ petition disposed of with the direction that petition u/s 11 of the PVCL Act filed by the petitioners be finally decided by the ADC within a period of three months -- Till then, status quo with regard to possession maintained.

(P&H HC) Decided on: 31.10.2022

Section 13, 13-A -- Shamilat deh – Jurisdiction of civil court -- Primary question which arises for adjudication would be, “As to whether the land meant for the construction of school playground is Shamlat deh or not?” – Section 13 of Punjab Village Common Lands (Regulation) Act, 1961 bars the jurisdiction of the court to entertain or adjudicate upon any question whether any land or other immovable property is Shamlat deh or not -- Exclusive jurisdiction to decide such question vests with the Collector.

(P&H HC) Decided on : 29.07.2022

Section 2(g), 11 -- Shamilat deh – Title dispute – Gair marusi -- Jamabandi since the year 1935-36 indicates the land to be 'Shamlat Deh' -- All the records since the earlier time to the cut-off date of 26.01.1950 indicate that the Gram Panchayat has been entered as the owner in the column meant for the said purpose -- In the Jamabandi since the year 1976-77 till 2006-07, the Gram Panchayat is entered in the ownership column and on the other hand, petitioners have been shown as Gair Marusi, which shows that they are in illegal possession of the land – In the absence of any evidence to the contrary that the petitioners are in cultivating possession of the land prior to 26.01.1950, the petitioners cannot be declared the owners of the land in question.

(P&H HC) Decided on: 19.05.2022