HARBANS SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) OUR this judgment shall also dispose of CWP Nos. 12711, 12712, 12714, 12715, 13020 of 1990 and 695 of 1992 as common questions of law and facts are involved in all these writ petitions.

(2.) THE short question raised by learned counsel for the petitioners is that question of title which does arise in the facts and circumstances of the case and raised by the petitioner has not been determined by the authorities below.

(3.) IN view of the finding returned by the authorities below on the facts cited above, which are not even disputed remotely concededly, it cannot be said that question of title does not arise. In view of the amended provision of Section 7 of the Punjab Village Common Lands (Regulation) Act, 1992 where petitioner has been able to prove prima facie that the question of title is involved by documentary evidence, it is incumbent duty of the authorities below to determine the title qua the land in dispute.