The Punjab and Haryana High Court on Friday held that the trial courts have to adhere to the established outlined by it in the Punjab and Haryana High Court Rules and Orders. The inspection by Local Commissioner has to be according to the rules and notice has to be served to both the parties. If an inspection/action in taken up by the Local Commissioner without following due procedure, then it shall be void.
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Facts:
This case concerns a land dispute between the petitioners (defendants) and the respondent (plaintiff). The petitioners sought the appointment of a Revenue official as a Local Commissioner to resolve the boundary issue, a request that was denied by the trial court. The dispute stems from a civil suit filed by the respondent, who claimed ownership of the land and alleged that the petitioners had encroached upon it. In response, the petitioners argued that a portion of their land, had been encroached upon by the respondent. The primary point of contention revolves around the boundaries of these adjoining properties, with both parties presenting conflicting claims. The dispute is primarily centred on land demarcation. The Punjab and Haryana High Court was approached to challenge the trial court’s decision.
Contentions of the Parties:
The petitioners contended that the demarcation report, which the respondent relied upon, lacked evidentiary value. They argued that this demarcation took place without their presence or prior notice. To support their case, the petitioners highlighted the procedural guidelines established in Punjab and Haryana High Court Rules and Orders for addressing Local Commissioner appointment. According to these rules, a Revenue official should be appointed as a Local Commissioner to conduct demarcation in the presence of both parties or their representatives.
The respondent countered that inspection by Local Commissioner was unnecessary because the land had already been demarcated by competent Revenue officials.
Decision of the Court:
The Punjab and Haryana High Court accepted the revision petition and overturned the trial court’s decision. The court instructed the trial court to reevaluate the petitioners’ application for appointing a Revenue official as a Local Commissioner. It emphasized adherence to the established procedure outlined in Punjab and Haryana High Court Rules and Orders.
Importance of the Decision:
This judgment underscores the importance of following established procedures, especially in cases involving land disputes. It highlights the significance of appointing a Local Commissioner, as per established court rules, to ensure an impartial and accurate examination of disputed land boundaries. Parties involved in similar disputes should seek resolution through this recognized procedure to maintain fairness and integrity in settling property disputes.
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READ THE JUDGMENT
Gurdeep Singh @ Kalu Singh And Ors vs Labh Singh on 22 September, 2023; CR No. 8257 of 2017
