High Court Punjab-Haryana High Court

Gram Panchayat Mansa Khurd vs State Of Punjab And Others on 26 August, 2008

Punjab-Haryana High Court
Gram Panchayat Mansa Khurd vs State Of Punjab And Others on 26 August, 2008
            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