KALLATTAR SINGH Vs. COMMISSIONER, AMBALA DIVISION

JUDGEMENT

(1.) In the present writ petition, the Petitioners have challenged the order dated 31.1.1983 passed by the Assistant Collector (Ist Grade), Thanesar, whereby the title suit filed by them under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act'), as applicable to the State of Haryana, was dismissed

(2.) The Petitioners are some of the proprietors of Village Mandi. In the said village, during the consolidation of land holdings in the year 1955- 56 under the Scheme of Consolidation, some land of the village was kept reserved for common purposes of the village, like 'Charand', cremation ground, ponds, school, playground, wells, public thorough fares, etc. At that time, two 'Charand's, one on the South of the village measuring 174 Kanals 17 Marias to serve the proprietors of the village, who also owned agricultural land in village Lukhi and residing there

(3.) The said suit was contested by the Gram Panchayat by claiming that during the consolidation the land in dispute was reserved for 'Charand' for common purposes of the village for grazing the cattle. According to the Sharat- Wazibul-Arz for the year 1955-56 prepared during the consolidation, the land reserved for 'Charand' was to be used by the proprietors as well as non- proprietors for grazing their cattle. Therefore, it was specifically denied that the 'Charand' in question was exclusively reserved for grazing the cattle of the proprietors only. Thus, according to the definition or Section 2(g) of the Act, such land, which was reserved during the consolidation for the common purposes of the village, absolutely vests in the Gram Panchayat.