GRAM PANCHAYAT Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The revenue estates of Nurpur Khurd, Jatpur and Kartarpur all in district Roopnagar are adjacent to each other. In the Jamabandi of 1913-14 of village Nurpur Khurd 15731 Bighas 3 Biswas of land (Khewat No. 49) was shown as Shamilat owned by three villages, namely, Nurpur Khurd, Jatpur and Kartarpur. The share of each village in this Shamilat land was shown as Hasab Rasad Khewat, that is, in proportion to the total holding of each village. The Shamilat land was reduced to 11939 Bighas 19 Biswas in the consolidation of holdings which took place sometime before 1969-70. In the Jamabandi of 1969-70 of Nurpur Khurd 11039 Bighas 19 Biswas of land (Khewat No. 154) was similarly shown Shamilat owned by Nurpur Khurd, Jatpur and Kartarpur in proportion to the land holding of each village. This entry is being repeated in the revenue records as also in the last Jamabandi for the year 1978-79.

(2.) Gram Panchayat had been constituted in village Nurpur Khurd long before the partition of the country. A Gram Panchayat under the Gram Panchayat Act was constituted in Kartarpur in 1963-64 and in Jatpur in 1972. Jatpur and Kartarpur remained under the jurisdiction of Nurpur Khurd Panchayat before independent Gram Panchayats were constituted in those villages.

(3.) The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter the Act), came into force in April/May, 1961. Under Section 4(1)(a) thereof the Shamilat land referred to above vested in the Gram Panchayat Nurpur Khurd. After Gram Panchayats had been set up in Jatpur and Kartarpur they claimed a proportionate share of the Shamilat land detailed above. The Shamilat land is stated to be under forest which yields substantial income annually. In 1972 the two Panchayats filed a suit against Nurpur Khurd Panchayat for a declaration that they were co-owners and in joint possession of the Shamilat land bearing Khewat No. 154. That suit was dismissed by the Subordinate Judge, Anandpur Sahib on May 9, 1975. The Gram Panchayats Jatpur and Kartarpur then raised a dispute under Section 111 of the Punjab Gram Panchayat Act which was decided by the prescribed authority (Deputy Commissioner Roopnagar) vide order dated July 29, 1980, (Annexure P-10). The Deputy Commissioner directed that the Shamilat land should be divided amongst the three Panchayats Hasab Rasad Khewat. It is against this order Annexure P-10 that Gram Panchayat, Nurpur Khurd has filed the present writ petition.