GRAM PANCHAYAT DHARNI Vs. COMMISSIONER

JUDGEMENT

(1.) By way of this order we shall dispose of above captioned petitions whereby the petitioners pray for issuance of a writ in the nature of certiorari for quashing of order dated 22.7.2009 (Annexure P-4), passed by the Commissioner, Hisar Division, Hisar, reversing orders dated 16.4.2009 (Annexure P-3) and 28.11.2008 (Annexure P-2), passed by the Collector, Fatehabad and the Assistant Collector, 1st Grade, Fatehabad, respectively. The Gram Panchayat filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the 1961 Act') for ejectment of respondents No. 4 to 21 from land measuring 62 kanals 12 marlas bearing khasra Nos. 65//15(8-0), 17(8-0), 18(8-0), 22(8-0), 23(8-0), 24(8-0), 25/1(6-12), 78//2(8-0). The Gram Panchayat, relied upon revenue entries and judgment and decree dated 29.6.1971 passed in Civil Suit No. 287 of 1965 titled as "Gram Panchayat of Village Dharni and others v. State of Haryana and others" decided by the then Sr. Sub Judge, Hisar on 29.6.1971. The private respondents, opposed the application by alleging that the land in dispute does not belong to the Gram Panchayat as it vests in the proprietors. The private respondents also alleged that they are tenants of the proprietors and cannot be evicted by the Gram Panchayat. The Assistant Collector, 1st Grade, Fatehabad, dismissed the application on 11.1.2002 but in an appeal filed by the Gram Panchayat, the matter was remitted to the Assistant Collector, 1st Grade, Fatehabad, for fresh adjudication; Vide order dated 31.3.2006, the Assistant Collector, 1st Grade, Fatehabad, allowed the petition and directed ejectment of the private respondents. Aggrieved by this order, the private respondents filed an appeal before the Collector, Fatehabad, which was again remitted to the Assistant Collector, 1st Grade, Fatehabad. Vide order dated 28.11.2008, the Assistant Collector, 1st Grade, Fatehabad, ordered ejectment of the private respondents and imposed a penalty of Rs. 10,000/- per hectare per year from the year 1994. The private respondents filed an appeal before the Collector, Fatehabad, which was dismissed on 16.4.2009. On 22.7.2009, the revision petition filed by the private respondents before the Commissioner, Hisar Division, Hisar, was allowed, orders passed by the Collector and Assistant Collector, 1st Grade, Fatehabad, were set aside and the ejectment petition was dismissed. However, while ordering as above, the Commissioner directed the Collector, Fatehabad to examine the merits of the case and if deemed appropriate, direct the Gram Panchayat to file petition under Section 13A of the Act for adjudication of the question of title.

(2.) Counsel for the petitioner submits that as the judgment and decree dated 29.6.1971 passed in Civil Suit No. 287 of 1965, has held that the land in dispute belongs to Gram Panchayat as the share of the Muslim migrants, in Shamilat deh, prior to the partition of country, the land vests in the Gram Panchayat. It is further submitted that the private respondents have not adduced any evidence as to how, when and on what basis, they came into possession. The private respondents have not disclosed the identity of their landlords. It is also contended that the Commissioner has reversed orders passed by the Collector and Assistant Collector by holding that the land was wrongly mutated in the name of Gram Panchayat but has not made any reference to the revenue record. It is further contended that if the Commissioner was of the opinion that a tangible question of title arose for adjudication, he was obliged to direct the Assistant Collector, 1st Grade, Fatehabad, in view of first proviso to Section 7 of the Act to frame a question of title and decide the same in accordance with law. It is prayed that as the impugned order is illegal and void, the writ petitions may be allowed.

(3.) Counsel for the private respondents submits that the Gram Panchayat has not produced any revenue entry to establish that the land in dispute was Shamilat Deh or the share of Muslim migrants, before the partition of the country. It is contended that in the absence of any such evidence, revenue entries recording the private respondents as tenants and proprietors as co-sharers was rightly, held by the Commissioner as sufficient to dislodge the claim of ownership. The Commissioner has, therefore, rightly set aside orders passed by the Assistant Collector, 1st Grade, Fatehabad, rejected the Civil Court judgment and held in favour of the petitioner. It is, however, contended that in case the Gram Panchayat is dissatisfied or has any grievance with respect to the impugned order, it may approach the Assistant Collector/Collector by way of petition under Section 13A of the Act.