SARWAN SINGH Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS revision has been filed by Sarwan Singh and others, plaintiffs, against the order dated 8.9.2000 of Additional District Judge, Kapurthala, whereby he had dismissed their appeal against the order dated 10.6.2000 of Civil Judge (Senior Division), Kapurthala, declining their prayer for the grant of temporary injunction restraining Municipal Council, Kapurthala, from preventing them from using land measuring 4K-7M bearing khasra No. 228, situated in village Sheikhupur tehsil Kapurthala, as recorded in jamabandi for the year 1996-97 as gair mumkin ruri and interfering into their possession and the possession of other Balmikis of the village and further restraining Municipal Council, Kapurthala, from making any construction, digging earth, changing the nature of the suit land and installing tubewell therein.

(2.) SARWAN Singh, Saffi Ram and Gurmej Singh, Balmikis of village Sheikhupur colony filed suit for permanent injunction against (1) Municipal Council, Kapurthala, through its President (2) Executive Officer, Municipal Council, Kapurthala restraining them from preventing them from using land measuring 4K-7M bearing khasra No. 228, situated in village Sheikhupur, tehsil Kapurthala as shown in jamabandi for the year 1996-97 as gair mumkin ruri and from interfering into their possession and the possession of other Balmikis of the village, as gair mumkin ruri. Plaintiffs sought to restrain the defendants from making any construction, digging earth, changing the nature thereof and installing tubewell therein. It was alleged in the plaintiff that this land is recorded as Mushtarqa Maalkan, Hasab Rasad Khewat and is in possession of Maqbuja Ahle Balmikian. This land was reserved to be assigned for being used as gair mumkin ruri by the Balmikis of village Sheikhupur. This land was allotted to the Balmikis by the consolidation authorities for storage of manure. Earlier, village Sheikhupur was the area of the Gram Panchayat. Municipal limits of Kapurthala have been extended and with the extension of the municipal limits of Kapurthala, village Sheikhupur has come to fall within the ambit of the jurisdiction of Municipal Council, Kapurthala. Municipal Council, Kapurthala threatened to install tubewell in this land. It is alleged in the plaint that Municipal Council has no right to oust the plaintiffs and other Balmikis of village Sheikhupur from this land and to use it for the installation of tubewell. Municipal Council has no right to convert the user of this land from gair mumkin ruri. Alongwith the plaint, the plaintiff made an application for the grant of temporary injunction under Order 39 Rules 1 and 2 read with Section 151 C.P.C. to the desired effect. Vide order dated 10.6.2000, Civil Judge (Senior Division), Kapurthala, dismissed this application.

(3.) STILL not satisfied, the plaintiffs have come up in revision to this Court. It is submitted by the learned counsel for the petitioners that in jamabandi for the year 1996-97, land measuring 4K-7M bearing khasra No. 228 is recorded as owned by Mushtarqa Maalkan, Hasab Rasad Khewat in the coloum of possession, the entry is Maqbuja "ahle Balmikian" khasra No. 228, measuring 4K-7M is recorded as gair mumkin rurian. It is submitted that in jamabandi for the year 1959-60, khasra No. 228 measuring 4K-7M (gair mumkin rurian) is recorded as owned by Mushtarqa Maalkan, Hasab Rasad Khewat and in possession of Maqbuja Ahle Balmikian. It is submitted that municipal council has no right to interfere with the possession of Balmikis of this land which is gair mumkin ruri. It is submitted that Municipal Council has no right to oust the Balmikis from the user of this land as ruri and to install tubewell there. It is submitted that if the Municipal Council wants to do away with the user of this land as ruri by Balmikis, it should acquire this land on payment of compensation to the Balmikis. It is submitted that this land was reserved during consolidation for being used by the Balmikis of Sheikhupur in the year 1958-59 and since then, the Balmikis of this village have been using this land for keeping ruri. It is submitted that Municipal Council has no right, title or interest in this land in view of the proviso to Section 23-A(b) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 which lays down that in case of land assigned or reserved for the extension of village abadi or manure pits for the proprietors or non-proprietors of the village, the said land shall vest in the proprietors or non-proprietors to whom it is given under the scheme of consolidation.