GRAM PANCHAYAT VILLAGE DHARANHWALA Vs. STATE OFPUNJAB

JUDGEMENT

(1.) The Gram Panchayat of village Dharangwala, Tehsil Abohar, District Fazilka, prays for issuance of a writ of mandamus directing the official respondents to cancel mutation No. 1590 dated 26.02.1981 and record the Gram Panchayat as owner of the land, in dispute, in the revenue record. The land, in dispute, is recorded as 'Jumla Mushtarka Malkan Wa Digar Haqdaran Hasab Rasad Arazi Rakba' in jamabandi for the year 1969-70, i.e., land that has been created during consolidation after applying a pro-rata cut on the holdings of proprietors and reserved for common purpose of the village panchayat and inhabitants of the village, in terms of Rule 16 (ii) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949. The land, therefore, vests in the Gram Panchayat for management and control. The Gram Panchayat mooted a proposal, vide resolution dated 02.10.1980, for construction of a 25 bed hospital and transferred 94 Kanals 13 Marias of land to the District Red Cross Society. The revenue authorities, considered this proposal as a gift and sanctioned mutation No. 1590 dated 26.02.1981, and recorded the District Red Cross Society as owner. The jamabandies that followed this mutation record the ownership of the District Red Cross Society and the Gram Panchayat, as cultivator. The Gram Panchayat approached the District Red Cross Society and other authorities for construction of a hospital but in vain. The Gram Panchayat passed various resolutions asking authorities to either construct a hospital or cancel the mutation of ownership recorded in the name of District Red Cross Society. The resolutions, however, as is the norm with authorities, did not draw a response, compelling the Gram Panchayat to approach this Court for cancellation of mutation No. 1590 dated 26.02.1981 recorded in favour of the District Red Cross Society.

(2.) After considering the matter to its entirety, the following order was passed on 21.05.2012:-

(3.) The Deputy Commissioner has filed an affidavit dated 04.07.2012 asserting the rights of the District Red Cross Society and opposing the prayer for cancellation of the mutation, but has admitted that the District Red Cross Society has not constructed a hospital. We, therefore, asked counsel for the District Red Cross Society to explain reasons for not constructing a hospital for three decades. As counsel for the District Red Cross Society failed to furnish any explanation, we passed the following order on 10.07.2012:-