SAJJAN KUMAR Vs. THE DEPUTY COMMISSIONER, SONEPAT

JUDGEMENT

(1.) CONCEDEDLY , against the impugned order, Annexure P-1, dated 31.5.2002, statutory appeal is pending. The learned counsel representing the petitioners, however, contends that there was no necessity at all to file appeal against order, Annexure P-1, dated 31.5.2002, as the authorities constituted under the Punjab Village Common Lands (Regulation) Act, 1961 had no jurisdiction at all to proceed with the case as the land was not Shamlat Deh as defined in Section 2(g)(i) of the Act, inasmuch as the land is subject to river action. This was the precise case pleaded by the petitioners before the concerned authorities, wherein a firm finding of fact has been recorded that no evidence has been led by them to show that the land was subject to the river action. No evidence has been even placed before this Court in support of the contention of counsel, noted above. Reference to Annexure P-2 made on that account is wholly mis-conceived as no detail of the land is mentioned therein. We are, however, not giving any final verdict in the matter, as it may prejudice cause of the petitioners before the Appellate Court and only dismiss the petition at this stage by observing that it is well within right of the litigant to plead before the appellate authority that the land is not Shamlat Deh. In other words, merely because an authority has proceeded in the case by even prima facie considering the land to be Shamlat Deh, it cannot be said that the jurisdiction of that Court is ousted. No merits. Dismissed. Petition dismissed.