JAGIR SINGH Vs. COLLECTOR

JUDGEMENT

(1.) Petitioner Jagir Singh is a resident of Village Nissing District Karnal in the State of Haryana. The Gram Panchayat of Village Nissing filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to the State of Haryana (hereinafter referred to as 'the Act'), for ejectment of the petitioner from certain land which, according to the Gram Panchayat, vested in it and the petitioner was in unauthorised occupation thereof. This land was described in the revenue records under the ownership of the Gram Panchayat and the petitioner was recorded to be in possession of the same as "Gair Marusi Bewaza His Dari". When the petitioner was summoned before the Assistant Collector, he submitted an application claiming that the land in dispute belonged to him as he was in its adverse possession since long. On that basis, he claimed that the application of the Gram Panchayat be converted into a suit under Section 13-B of the Act, and the same be tried as a regular suit, since the question of title was involved. However, the application was dismissed by the Assistant Collector on 19th December, 1988. Later on, by order dated 22nd February; 1989, the learned Assistant Collector 1st Grade, Karnal, ordered ejectment of the petitioner holding him in unauthorised possession of the land in dispute and also imposed a penalty at the rate of Rs. 2,000/- per hectare per annum. from 1983 onwards. Feeling aggrieved by this order, the petitioner preferred an appeal before the Collector on 4th Apil 1989, but the same was also dismissed on 23rd May, 1989, holding the Gram, Panchayat was owner of the land in dispute. In the present writ petition, both the aforesaid orders dated 1st March, 1989, and 23rd May,, 1989 have been challenged mainly on the ground, that when the application had been made by the petitioner for the conversion of the proceedings into a regular suit as question of title was involved, the Assistant Collector should have converted the same into a suit under, Section 13-B of the Act.

(2.) After going through the writ petition and the return filed by the Gram Panchayat, I am of the considered view that the impugned orders are not sustainable in law, as the Revenue Authorities were duty bound to convert the proceedings initiated under Section 7 of the Act in a regular suit in order to determine title to the land in dispute. This having not been done, the entire proceedings resulting into the passing of the order of ejectment were without jurisdiction. So far as the imposition of penalty is concerned, the same was also without jurisdiction and without there being any basis for the same.

(3.) Consequently, I allow this writ petition and quash the impugned orders dated 1st March, 1989, and 23rd May, 1989 passed by the Assistant Collector 1st Grade, Karnal, and the Collector, Karnal, respectively, and direct the Collector, Karnal, to convert the application filed by the Gram Panchayat, Nissing, on 15th April, 1986, into a suit and proceed with the trial of the same in accordance with law. Since the matter is fairly old, the Collector is further directed to decide the same within six months. There shall be no order as to costs.