IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.W.P. No. 8060 of 2005
Date of Decision: 26.08.2008
Gram Panchayat Mansa Khurd
....Petitioner
Versus
State of Punjab and others
...Respondents
CORAM : Hon'ble Mr. Justice J.S. Khehar.
Hon'ble Ms. Justice Nirmaljit Kaur
Present:- Mr. Rajinder Singla, Advocate
for the petitioner.
Mr. P.C. Goyal, Sr. D.A.G., Punjab
for the State.
Mr. Kashmir Singh, Advocate
for respondents No.5 to 7.
Mr. P.S. Dhaliwal, Advocate
for respondents No.12 to 14 and 17.
NIRMALJIT KAUR, J.
Three petitions were filed by the petitioner-Gram Panchayat
before respondent No.2 for eviction of the respondents under the Punjab
Public Premises and Land (Eviction and Rent Recovery) Act, 1973 and the
Punjab Village Common Lands (Regulation) Act, 1961.The petitions were
dismissed by respondent No.2 on 10-04-2003 holding that the land in
question did not vest in the petitioner-Gram Panchayat. The appeal filed by
the Gram Panchayat before respondent No.3 against the said order dated
C.W.P. No. 8060 of 2005 -2-
10-04-2003, was also dismissed on 02-06-2003.
These orders are now challenged in the present writ petition
by the petitioner-Gram Panchayat. Taking up the arguments on behalf of
the petitioner, it is argued that the land is recorded as Shamlat Deh in the
Revenue Record. The documents tendered in the evidence by the
petitioner have not been discussed. Further the action of the Consolidation
Authorities in partitioning the Shamlat land among the right holders is
wholly illegal.
The respondents, on the other hand, took the objection that
the mutations are in their favour. They are owners in possession. Disputed
land never vested in Gram Panchayat. The petition is not maintainable as it
involves question of title and the Civil Court has already adjudicated upon
the matter. During proceedings of the consolidation in the year 1961-62,
the consolidation Authorities in advertently ignored the above said factual
position as was crystal clear in previous record of rights, revealing the
name of the forefathers of the answering respondents in the column of
ownership as well as in the column of cultivation depicting their exclusive
possession as proprietor as per their entitlement. The answering
respondents after getting the knowledge of erroneous entries, approached
the consolidation Authorities for necessary rectification. The consolidation
Authorities after probing the matter thoroughly and after examination of the
records made the necessary rectification of the record and only restored
the original position. The Gram Panchayat contested the proceedings of
the consolidation and challenged the same in this Court by filing writ
petition. The Writ Petition was dismissed.
Learned counsel for the parties have been heard.
C.W.P. No. 8060 of 2005 -3-
It is admitted that the consolidation authorities had partitioned
the land among the individual right holders. However, it is alleged by Gram
Panchayat that this partition was illegal. In any case, it is admitted that the
said action of the consolidation authorities was challenged by the Gram
Panchayat in Writ Petition before this Court and the said writ petition has
since been dismissed.
Thus, the counsel for the petitioner has not been able to
dispute the fact that the Consolidation authorities on the representation of
the respondents, had rectified the mistake committed by the Consolidation
Department during the consolidation and thus restored the original position
which was prevailing before the initiation of the consolidation proceedings.
As per the findings recorded by the Revenue Authorities, the land in
dispute never vested in the Gram Panchayat as per Section 4 of the
Punjab Village Common Land Act, 1961. This land was in exclusive
possession of the fore-fathers of the answering respondents as per their
entitlement and the Jamabandis even before 26-01-1950 onwards reveal
the distinct share of the proprietors in Shamlat Deh.The names of the fore-
fathers of the answering respondents appear in the column of ownership.
During the proceedings of the consolidation in the year 1961-62, the
consolidation authorities ignored the above factual position. The
respondents, on getting to know of this erroneous entries, approached the
consolidation authorities for rectification. The said rectification on the
record was made and restored to its original position. The proceedings of
the consolidation were challenged by the Gram Panchayat in CWP
No.2512 of 1989 which was dismissed. Once, the consolidation
proceedings have been upheld till the High Court, there is no merit in the
C.W.P. No. 8060 of 2005 -4-
claim of the petitioner-Gram Panchayat.
There is no infirmity in the orders dated 10-04-2003 (Annexure
P-2) and 14-10-2004 (Annexure P-3) passed by the authorities.
The petition is, accordingly, dismissed.
(NIRMALJIT KAUR)
JUDGE
(J.S. KHEHAR)
JUDGE
August 26, 2008.
gurpreet