SHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These two petitioners have approached this Court praying for quashing of the order dtd. 17/5/2021 (Annexure P-8) passed by the Assistant Collector, 1st Grade, Kharar, Mohali-respondent No. 5 accepting the application of the Gram Panchayat, Mullanpur Garibdas for sanctioning mutation in its favour on the basis of the judgment dtd. 24/9/2019 (Annexure P-2) passed by The Additional Deputy Commissioner (Development)-respondent No. 3 exercising the powers of Collector, SAS Nagar under Sec. 11 (1) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act'), whereby the claim of about 400 Khewatdars of Village Mullanpur Garibdas for declaration to the effect that they were owners of the land measuring 2321Bighas 03 Biswas is a subject matter of challenge in appeal.

(2.) It is the submission of the learned counsel for the petitioners that Mutation No. 8568 entered in favour of Gram Panchayat, Mullanpur Garibdas-respondent No. 6 vide order dtd. 24/9/2019 (Annexure P-2) is not sustainable in the light of the fact that about 400 petitions preferred under Sec. 11 (1) of the 1961 Act by the proprietors of the village have been decided by The Additional Deputy Commissioner (Development-respondent No. 3 vide judgment dtd. 24/9/2019 (Annexure P-2) but the same do not have any effect on the rights of the petitioners as their claim under Sec. 11 (1) of the 1961 Act along with about 67 other proprietors of the village are pending consideration without any decision, where either the orders have been reserved or the evidence is being recorded. His contention is that in the absence of any fmalization with regard to the title of the land in question qua all proprietors, the mutation could not have been entered and thus, the impugned order cannot sustain.

(3.) Another argument, which has been raised by the learned counsel for the petitioners, is that against the order dtd. 17/5/2021 (Annexure P-8) sanctioning Mutation No. 8568 by the Assistant Collector 1st Grade, Kharar, Mohali, appeal under Sec. 13 of the Punjab Land Revenue Act, 1887 (hereinafter referred to as 'the 1887 Act') has been preferred by the proprietors of the village before the District Collector, S AS Nagar, Mohali titled as Naib Singh and others vs. Gram Panchayat, Mullanpur Garibdas, which is listed for hearing on 30/9/2021 and, therefore, the impugned order sanctioning mutation cannot be sustained and deserves to be set aside as the impugned order is not final as yet.