SHER SINGH Vs. GRAM PANCHAYAT, GARHI MAJRA MEHANDA

JUDGEMENT

(1.) Petitioners are landowners of village Marhi Majra Mehanda, Tehsil Hansi, District Hissar. Consolidation in the village took place in the year 1963-64. During consolidation a pro-rata cut was imposed on the holdings of the shareholders out of Khasra No. 1298. A path measuring 18 Marlas was provided to connect the land of the petitioners with the main path which was carved out in Khasra No. 1302. In the revenue record, the path which was carved out in Khasra No. 1298 was entered into the ownership of Gram Panchayat.

(2.) Bhola respondent No. 3 cultivated the path which was carved out in Khasra No. 1298 and obstructed the passage of the petitioners. In November, 1978, petitioners filed an application before Tehsildar Hansi for demarcation of the path which had been carved out in Khasra No. 1298 and for removal of the encroachment which has been made by respondent No. 3. Tehsildar Hansi vide his report (Annexure P/3) dated 8th January, 1978 demarcated the path which had been carved out in Khasra No. 1298. This path was put to use by the parties immediately thereafter.

(3.) Bhola respondent No. 3 being dissatisfied got a resolution passed from the Gram Panchayat for exchange of 18 Marlas of land in Khasra No. 1298 which had been left as a path with his land situated in Khasra No. 141, Killas No. 6/2, 15/2 and 16/1. Shamilat land belonging to Gram Panchayat can be exchanged under Rule 5 of Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as the Rules) which reads as under :-