OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment we propose to dispose of above seven writ petitions as common question of law arises for consideration in these writ petitions. For the purpose of convenience, we are referring to the facts of Civil Writ Petition No. 10901 of 1997.

(2.) PETITIONERS in all these petitions approached the High Court under Article 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction to the respondents and declaring that land in question vests in the right holders and proprietors of the village and does not vest in the Gram Panchayat. They challenged the vires of Section 13 of the Punjab Village Common Land (Regulation) Act, 1961 for the reasons and grounds stated in their writ petitions. Petitioners claim to be proprietors and right holders in the respective villages of the land in question. In the Jamabandis for the years 1945-46 and 1950-51, they claimed that petitioners or their predecessor-in-interest are recorded to be owners. On 8.5.1956 consolidation of holdings took place in the village. As per the scheme of the consolidation, the land in question was reserved under Section 18 read with Section 23A of the Consolidation Act, 1948 after imposing pro-rata cut upon the holdings of the right holders. According to the petitioners under Section 23A only the management and control of the land in question vests in the Gram Panchayat and ownership rights continue to remain with the proprietors. Upon amendment of Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 scope thereof was sought to be enlarged and such land was sought to be vested in the Gram Panchayat. A Full Bench of this Court in the case of Jai Singh v. State of Haryana and others, 1995(1) RCR(Civil) 623 (P&H) (FB) : 1995 PLJ 83 struck down the amendment of Section 2(g) of the Act to be ultra-vires.

(3.) SIMILAR view was taken by another Division Bench of this Court in case of Om Parkash v. State of Haryana and others, 1998(3) RCR(Civil) 311 (P&H) : Civil Writ Petition No. 18744 of 1998 decided on 29.9.1999 where the Gram Panchayat and Government both conceded to this proposition. For the reasons afore-stated, we dispose of all these petitions while relegating the petitioners to the remedy provided under Sections 13 A/13AA. Petition(s) filed shall be dealt with and dispose of in accordance with law and expeditiously. No order as to costs. Order accordingly.