High Court Punjab-Haryana High Court

Gram Panchayat Umarpura vs Director Rural Development & … on 15 May, 2009

Punjab-Haryana High Court
Gram Panchayat Umarpura vs Director Rural Development & … on 15 May, 2009
Civil Writ Petition No.7372 of 2007 (O&M)         :1:


     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH



                      Date of Decision: MAY 15, 2009


Gram Panchayat Umarpura, Tehsil Malerkotla, District Sangrur.


                                                 ...Petitioner

                      VERSUS


Director Rural Development & Panchayat Department, Punjab &
others

                                                 ...Respondents



CORAM: HON'BLE MR.JUSTICE RANJIT SINGH



1. Whether Reporters of local papers may be allowed to see the
   judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?



Present:   Mr.Vijay Sharma, Advocate,
           for the petitioner.

           Mr.Praveen Chander Goyal, Addl.A.G.Punjab,
           for respondent Nos.1 & 2.

           Mr.Jatinder Singla, Advocate,
           for respondent No.3.

                      *****

RANJIT SINGH, J.

Petitioner-Gram Panchayat filed an application under

Section 11 of the Punjab Village Common Lands (Regulation) Act,

1961 (for short “the Act”) on 21.5.1963 seeking ejectment of Ruldu
Civil Writ Petition No.7372 of 2007 (O&M) :2:

Singh, father of respondent No.3. This was allowed and the

possession was also statedly taken on 7.8.1963. Thereafter,

respondent No.3 filed a civil suit seeking declaration to the effect that

he be declared owner in possession of the land in question. This

matter reached upto this court. However, the suit was dismissed on

the ground that the civil court would not have any jurisdiction to

decide the suit. Thereafter, respondent No.3 filed a petition under

Section 11 of the Act on 10.6.1997. This petition was accepted on

13.12.2004, against which the Gram Panchayat-petitioner filed an

appeal raising some material points. The grievance is that these

were not touched and the appeal filed by the Gram Panchayat was

dismissed on 20.1.2006. These orders accordingly are impugned in

the present writ petition.

The counsel for the petitioner has made a limited

grievance purely concerning the matter of procedure. As per the

counsel, the title suit under Section 11 of the Act was required to be

decided by the Collector like a civil suit and he could not have acted

to decide the same in a summary manner. As per the counsel, the

Collector was required to frame issues, allow the parties to lead

evidence and then decide the same. In support of his submission, the

counsel has drawn my attention to the case of Nant Singh Vs. Joint

Director, Panchayats, Punjab, 1993(3) P.L.R. 729. It has been held

in this case that proceedings under Section 11 of the Punjab Village

Common Lands (Regulation) Act, 1961 are not summary in nature. It

is further observed that the principles underlying various provisions

have to be complied with for determining the question of title. It is

also observed that it is mandatory for Collector to frame necessary
Civil Writ Petition No.7372 of 2007 (O&M) :3:

issues and record evidence of both parties and decide the matter in

accordance with law.

Concededly, the procedure as envisaged and as laid

down by this court in Nant Singh’s case (supra) was not followed.

The submission by the counsel for respondent No.3 that though the

issues were not framed but will not make any substantial difference

as the plaint in this case was returned from the civil court and parties

were not allowed to lead evidence. Accordingly, the counsel would

submit that it will not make any substantial difference and that no

prejudice is seen to have been caused to the petitioner. He would

further submit that at no stage, the petitioner-Gram Panchayat

sought framing of issues or objected to procedure being followed.

The counsel would submit that the Gram Panchayat cannot be heard

to make a grievance in this regard at this stage.

I have considered the rival contentions made by the

counsel for the parties.

Once it is held that it is mandatory to decide application

under Section 11 of the Act like a civil suit and that it is not a

summary procedure, which is required to be followed, the question

whether it has led to any prejudice or not is not to be seen. If the

requirement under statute is held to be mandatory, it must be

followed.

The application filed under Section 11 of the Act could not

have been disposed of summarily. Even if the evidence was to be

recorded, the same was to be on the issues, which were never

framed. The procedure as envisaged and as approved by this court

in Nant Singh’s case (supra) was not followed. The impugned
Civil Writ Petition No.7372 of 2007 (O&M) :4:

orders, as such, cannot be sustained. These are set-aside. The

parties, through their counsel, are directed to appear before the

Collector on 3.7.2009, who shall follow the procedure as prescribed

under law. The parties would be at liberty to seek any interim relief

from the Collector.

The present writ petition is accordingly disposed of.

May 15, 2009                                  ( RANJIT SINGH )
ramesh                                             JUDGE