BABU RAM Vs. GRAM SABHA BUHAVIS

JUDGEMENT

(1.) In this appeal by special leave the appellants have challenged the constitutional validity of S. 13B of the Punjab Village Common Lands (Regulation) Act, 1961, hereinafter referred to as 'the Act'.

(2.) S. 13B of the Act, as it stood before its amendment, provides inter alia that all suits pending in any Civil Court in respect of any land or other immovable property wherein relief has been claimed on the ground of its being excluded from shamilat deh under cl. (g) of S. 2 or on any of the grounds mentioned in sub-see. (3) of S. 4 of the Act against the Panchayat, shall stand transferred to and the fresh proceedings for seeking relief on the aforesaid grounds shall be instituted before the Assistant Collector of the First Grade having jurisdiction over the village wherein the land or other immovable property is situate.

(3.) The appellants have filed a suit before the Subordinate Judge, First Class, Kurukshetra, for a declaration that they are the owners of the land in dispute measuring about 24 acres in their respective possession and the respondent gram Sabha, Buhavi, has nothing to do with the same. The learned Subordinate Judge, transferred the suit to the Assistant Collector, First Grade, Thanesar, under S. 13B, upon a finding that the controversy between the parties relates to the question as to whether the suit land was excluded from the ambit of shamilat deh, as defined in S. 2(g) of the Act. The appellants, being aggrieved by the said order of transfer, filed an application for revision against the same before the Punjab and Haryana High Court. The High Court by the impugned judgment dismissed the revisional application and upheld the order of the learned Subordinate Judge transferring the suit to the Assistant Collector under S. 13B of the Act. Hence this appeal by special leave.