GRAM PANCHAYAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE writ petition is directed against order dated 18.10.1985 (Annexure P-3) passed by the Commissioner, Ambala Division, Ambala, by which order of the Assistant Collector 1st Grade, Ferozepur Zhirka, dated 18.01.1985, ordering the suit filed by the Gram Panchayat, Gulalta under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 [for short "1961 Act"] to continue despite the plea of res judicata having been raised by respondent No.3 on the ground that an earlier Civil Court decree dated 18.04.1974 rendered in a suit for permanent injunction, wherein the Sarpanch appearing on behalf of the Gram Panchayat admitted claim of respondent No.3 in toto, has been set aside.

(2.) THE Regular Second Appeal has arisen from judgment and decree passed by both the Courts below by which suit filed by the Gram Panchayat, challenging the validity of collusive decree dated 18.04.1974, has been decreed. Since the appeal has been ordered to be heard along with the writ petition vide order dated 29.07.2008, therefore, both the cases are being disposed of together.

(3.) THE Assistant Collector 1st Grade, vide his order dated in dispute. 18.01.1985, observed that the decree dated 18.04.1974 was a collusive decree and would not apply as res judicata. Thus, he ordered that the suit would continue in the present form. Aggrieved against that order, respondent No.3 filed an appeal before the Commissioner, Ambala Division, Ambala, which was allowed on the ground that decree dated 18.04.1974 is prior to the Amended Act by which power to decide the question of title was withdrawn from the Civil Court on 12.11.1974. It was observed that since the decree is final and binding on both the parties, therefore, it would operate as res judicata. The Gram Panchayat challenged the impugned order dated 18.10.1985 (Annexure P-3), passed by the Commissioner, Ambala Division, Ambala, by way of the present writ petition, which was admitted on 21.08.1986.