KANSHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Kanshi Ram claimed himself to be in lawful possession of the land in dispute. Gram Panchayat made an application under Section 7(2) of the Punjab Common Lands (Regulation) Act, 1961, (hereinafter referred to as the Act) for ejectment of the petitioner. This application was dismissed by the Assistant Collector Ist Grade Narnaul, Camp at Dadri, on 26th June, 1968. Feeling aggrieved against this order the Gram Panchayat filed a suit in the Civil Court claiming the land in dispute to be its ownership. This suit was decided by the learned Sub-Judge Ist Class, Charkhi Dadri, vide his judgment and decree dated 17th December, 1974, in favour of the Panchayat. The petitioner appealed against this judgment and decree. The learned Senior Sub Judge, with enhanced appellate powers, allowed the appeal on the ground that by virtue of the provisions of Haryana Act No. 34 of 1974, the proceedings before the Civil Court stood transferred to the Assistant Collector Ist Grade having jurisdiction for deciding the same as Civil Court. He accordingly directed the learned Sub-Judge to transfer the proceedings to the Assistant Collector for decision vide his order dated 16th May, 1975.

(2.) The Assistant Collector took the view that since his predecessor had earlier passed an order under Section 7(2) of the Act, therefore, he could not proceed further unless the order of his predecessor passed under Section 7(2) of the Act was allowed to be reviewed. So he submitted the case to the Collector for permitting him to review the said order. The Collector vide his order dated 3rd November, 1976, allowed the prayer of the Assistant Collector and the revision petition against this order filed by the petitioner was dismissed by the Commissioner, Haryana, vide his order dated 18th February, 1977. The appellate order dated 16th May, 1975, passed by the learned Senior Sub Judge, the order of the Assistant Collector dated 15th July, 1976 that of the Collector dated 3rd November, 1976 and that of the Commissioner dated 18th February, 1977, are sought to be impugned in this writ petition.

(3.) After hearing the learned counsel for the parties, we are of the opinion that the learned Senior Sub Judge fell in error in directing that the present proceedings filed at the instance of the Gram Panchayat in the Civil Court should be transferred to the file of the Assistant Collector under the provisions of Section 13-B of the Act. The provisions of Section 13-M of the Act have been interpreted by a Division Bench of this Court in The Karnal Co-operative Farmers Society Ltd., Pehowa v. Gram Panchayat, Pehowa and others, 1976 PunLJ 237 and it has been held that civil suit filed by the Gram Panchayat for inclusion of certain lands in the Shamilat Deh, is not covered by Section 13-B of the Act and such proceedings cannot be transferred under this provision to the file of the Assistant Collector. In this view of the matter, the order of the learned Senior Sub-Judge dated 16th May, 1975, has to be quashed and we order accordingly. All the subsequent orders passed by the learned trial Sub-Judge, the Assistant Collector Ist Grade, the Collector and the Commissioner, referred to above, shall also stand quashed. We order accordingly and direct the learned Senior Sub-Judge to decide the appeal of the petitioner afresh on merits. The parties have been directed through their counsel to appear before the Senior Sub-Judge, Bhiwani, on 17.3.1980. However, there will be no order as to costs. Order accordingly.