JEE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The important question of law that arises in this writ petition is whether the general principles of res judicata would apply to proceedings under the Village Common Lands (Regulation) Act, 1961 (hereinafter called the Act). The point arises out of the following facts.

(2.) The Gram Panchayat of village Kalirawan, tehsil Fatehabad, district Hissar (hereinafter referred to as the Gram Panchayat), filed a petition under Section 7 of the Act for ejectment against Jee Ram petitioner on 8th of August, 1964, on the ground that the land was shamilat deh and the Panchayat was entitled to occupy the same after ejecting him. Jee Ram took up the defence that he had been in possession since before 1942-43 and has been cultivating as a co-sharer and as such the land does not fall within the definition of 'shamilat deh' contained in Section 2(g) of the Act and, accordingly, there was no merit in the petition. The Assistant Collector, after recording evidence, came to the conclusion by order dated 26th of October, 1964, copy Annexure P-1, that it was proved that Jee Ram had been cultivating the land as a co-sharer since 1942-43, that is, long before 26th of January 1950, without payment of rent and as such the land did not fall within the definition of 'shamilat deh', and consequently dismissed the petition of the Gram Panchayat.

(3.) After a lapse of more than 11 years, a second petition was filed by the same Gram Panchayat under Section 7 of the Act for ejectment of Jee Ram from the land covered in the first case alongwith Khasra No. 138/14/1, measuring 4 kanals 6 marlas on the ground that it was shamilat deh and the possession of Jee Ram was unauthorised. The Assistant Collector, by order dated 1st September, 1975, copy Annexure P-2, dismissed the petition on two grounds, (i) that the previous decision dated 26th of October, 1964 operated as res judicata, and (ii) with regard to Khasra No. 138/14/1 it held that the area before and after consolidation was the same and, therefore, it must be assumed that Khasra No. 138/14/1 formed part of the previous petition. Aggrieved by the decision of the Assistant Collector, the Gram Panchayat filed an appeal before the Collector, Hissar, who by order dated 6th of April, 1976, copy Annexure P-3, allowed the same after coming to the conclusion that the rule of res judicata was not applicable to revenue officers in view of Sat Narain and others V .The Financial Commissioner, Punjab and others,1971 PunLJ 369, and consequently, reversed the decision of the Assistant Collector and remanded the case for fresh decision on merits. Jee Ram petitioner has come to this Court in a petition under Article 226 of the Constitution.