MADAN SINGH AND OTHERS Vs. GRAM PANCHAYAT BHANDOLI

JUDGEMENT

(1.) THE suit filed by the appellants -plaintiffs against Gram Panchayat Bhandoli, Tehsil Hodal, District Faridabad for declaration that they being proprietors of the village have a share in the shamlat land and therefore, they are owners in possession thereof, was dismissed by the trial Court. Aggrieved against the same, appellants -plaintiffs filed an appeal. The same was also dismissed. Hence, the present regular second appeal. The trial Court vide its impugned judgment dated 15th June, 2006 held that the Civil Court has no jurisdiction to entertain and adjudicate upon the question involved in the case regarding the nature of land in dispute. This finding was affirmed by the lower appellate Court. Both the Courts below inter -alia held that jurisdiction of the Civil Court is barred under Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as, 'the Act'). After giving due attention to the controversy raised, both the Courts below held that since the Gram Panchayat has initiated the proceedings under Section 7 of the Act and the same are pending before the Assistant Collector after the Commissioner had remanded the case, therefore, this matter can only be decided by the authority under the Act.

(2.) MR . Pankaj Jain, Advocate appearing on behalf of the appellants -plaintiffs, has stated that the mutation of the ownership was sanctioned in favour of the Gram Panchayat on the basis of Act No. 9 of 1992, whereas the Assistant Collector, vide order dated 13th April, 1978 has held that the land does not vest in the Gram Panchayat. Since the said order has attained finality, therefore, the mutation sanctioned in favour of the Gram Panchayat will not clothe the Panchayat with the title of the suit property.

(3.) THE only question which arises for consideration of this Court is as to whether the suit land vests with the Gram Panchayat or not. This question can only be determined by an authority under the Act as the jurisdiction of the Civil Court is barred under Section 13 of the Act.