BIJAY SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) The short point which calls for decision in this case is as to how far the orders passed by the Director of Panchayats, Punjab (annexure 'A' dated 3.3.1960, and annexure 'B' dated 23.7.1960) are lawful and supportable in the present proceedings.

(2.) The facts are not very much in dispute and may briefly be stated.

(3.) Bijay Singh petitioner is an elected Sarpanch of village Dinod, Tehsil Bhiwani, district Hissar, and Sardar Singh, Ram Lal and Ram Kishan are the duly elected Panches of the said Panchayat. On the enforcement of the Punjab Village Common Land (Regulation) Act of 1954, which vested Shamilat Deh in the Gram Panchayat for the benefit of the proprietors, mutation was entered by the Patwari of an area of 3,200 Bighas as Shamilat Deh in the name of the Gram Panchayat on the 8th of May, 1954 petitioner Bijay Singh and others proprietors objected this asserting that the area in the separate possession of each proprietor could not be transferred to the Panchayat. In spite of these protests, however, under order of the Punjab Government, the Revenue Officer sanctioned the mutation of the whole area in favour of the Panchayat. As a result the proprietors of the village filed a suit against the Panchayat in the Civil Court for a declaration that mutation No. 3710 in favour of the Panchayat was illegal and ultra vires and therefore, not binding on the plaintiffs. The petitioners thereupon engaged a Senior Advocate who advised them the claim of the plaintiffs could not be seriously defended. In consequence, a written statement was filed admitting the claim of the proprietors. This result in a consent decree in favour of the proprietors on the 27th May, 1959. Some non-proprietors then filed a suit in the Civil Court on the 20th of October, 1959, seeking a declaration that the property was that of the proprietors and that the plaintiffs in that suit had a right of pasturing in the suit land. This suit was dismissed by the Subordinate Judge on the 8th of August, 1960. In the meantime on the 3rd of March, 1960, the Director of Panchyats, Punjab, suspended the petitioners. This order is attached with the petition and is marked as annexing 'A' and is followed by another order dated the 23rd July, 1960, which is marked as annexing 'B'. It is these two orders which have been challenged in the present proceedings as illegal and ultra vires and also based on inadequate and improper enquiry.