STATE OF PUNJAB Vs. GRAM PANCHAYAT RAJIPURA

JUDGEMENT

(1.) This order will dispose of Regular Second Appeal Nos. 1040 and 1041 of 1964. The matter in controversy in both the appeals is the same.

(2.) These appeals have arisen out of two suits filed by two Gram Panchayats, one of village Rajipur and the other of village Bhagwanpura. The claim in the suit filed by these Panchayats was that the right to extract sand, stone, kankar, bajri etc., vests in the Gram Panchayats and the Government cannot exercise those rights. The suit was against the State of Punjab. The trial Court decreed both the suits on merits. On appeal by the State of Punjab, at the hearing before the lower appellate Court, an objection was taken by the respondents that the appeals were not competent in as much as the suits had been filed by the Gram Panchayat which were not corporate bodies. This objection prevailed with the lower appellate Court with the result that it dismissed both the appeals. The State of Punjab has come up in appeal to this Court and the appeals are being prosecuted by the State of Haryana as after the reorganisation of the State of Punjab the villages in dispute fell within the territory of the State of Haryana.

(3.) The contention of Mr. Mittal, learned Counsel for the State of Haryana, is that the learned District Judge should have dismissed the suits if the objection which prevailed with him in dismissing the appeals was sound. In my opinion, there is considerable force in this contention. In this connection reference may be made to G.I.P. Railway Senior Institute v. Mohit Kumar, 1954 AIR(Nag) 29 wherein it was held that :-