JASPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) For the cause shown, prayer made in the application No. 809 is allowed. Petitioners have further alleged that land does not fall under any of the categories as enumerated under Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 (in short the 1961 Act) and so, the Gram Panchayat/Nagar Panchayat has no right or title in the land. Petitioners have also stated that they and the private respondents filed petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (in short the 1948 Act) for distributing this land amongst the right-holders of the village. According to the petitioners, the Additional Director/Consolidation, Punjab allowed the application of the petitioners and the private respondents vide his order dated 5.6.1996. Vide this order, the land was ordered to be distributed amongst the petitioners and respondents 4 to 39 after leaving out some are for common purposes as per the provisions of the Consolidation Act and the Rules framed thereunder. Petitioners have stated that the action of the Nagar Panchayat in auctioning the land, the subject-matter of order dated 5.6.1996 of the Additional Director/Consolidation, Punjab is totally illegal and without jurisdiction. Petitioners thus, have prayed that respondent No. 3 be directed not to auction and lease out the land. Against this the case of respondent No. 3 is that Nagar Panchayat, Fatehgarh Sahib and now Municipal Council, Sirhind (Fatehgarh Sahib) is owner of the land and is entitled to use the land in the manner it considers appropriate. It is also the case of respondent No. 3 that the land vesting in the Gram Panchayat had falled within the municipal limits and thereafter, all rights, title and interest in the said land stood transferred to the Municipal Council. In regard to order dated 5.6.1996 passed by the Additional Director/Consolidation, Punjab, it has been stated by respondent No. 3 that the Additional Director/Consolidation, Punjab had no authority to pass order of re-partition and that too after 33 years of the completion of the consolidation proceedings in the year 1949. It is stated that since the question of vesting of the land in the Gram Panchayat in the Shamilat Deh was involved, the said question could have been entertained by the Additional Director/Consolidation in petition under Section 42 of the 1948 Act, muchless after a gross delay. It is further stated that this Court in Civil Writ Petition No. 14657 of 1996, Gram Panchayat of village Mahadian, Teh. & Distt. Fatehgarh Sahib and Others v. The Additional Director/Consolidation, Punjab and Others, 1999 4 RCR(Civ) 520 has set aside order dated 5.6.1996 passed by Additional Director/Consolidation. Respondent No. 3 thus, has contended that after setting aside the order of Additional Director/Consolidation, the entire basis of the claim of the petitioners does not survive any longer and the writ petition is liable to be dismissed on this ground alone.

(2.) After hearing the counsel for the parties, I am of the view that there is no merit in this writ petition. It is no more in dispute that the Gram Panchayat of village Mahadian (Fatehgarh Sahib) challenged order dated 5.6.1996 passed by the Additional Director/Consolidation of Punjab, on a petition under Section 42 of the 1948 Act filed by the petitioners and private respondents, which was allowed by this Court on 12.8.1999. The relevant part of the order reads as under :-

(3.) Since the entire claim of the petitioners is based upon order dated 5.6.1996 and that order having already been quashed by this Court in CWP No. 14657 of 1996, the present writ petition too deserves to be dismissed. Accordingly, this writ petition is dismissed. No costs.