BARU Vs. GRAM PANCHAYAT, PADHANA

JUDGEMENT

(1.) THE petitioners pray for issuance of a writ of certiorari quashing orders dated 12.8.1988 (Annexure P -1) 14.2.1989 (Annexure P -3) and 28.8.1992 (Annexure P -5), passed by the Assistant Collector 1st Grade, Karnal, the Collector, Karnal and the Commissioner, Rohtak Division, Rohtak, respectively. A mutation bearing No. 734 was sanctioned in favour of the Gram Panchayat, Padhana, on 8.6.1954, recording the ownership of the Gram Panchayat on the basis of the Punjab Village Common Lands (Regulation) Act, 1953. (hereinafter referred to as the "1953 Act"). The entries were, accordingly, changed from "Shamilat Deh Hasab Rasad Malkiati", to "Gram Panchayat". The 1953 Act was repealed by the Punjab Village Common Lands (Regulation) Act, 1961.

(2.) THE proprietors filed a suit, before a Civil Court, claiming that the land, in dispute, does not vest in the Gram Panchayat. The suit was decreed on 26.4.1971, but this order was set aside by the Appellate Court on 25.11.1981 on the ground that the Sarpanch did not have the authority to concede the claim of proprietors.

(3.) WHETHER the suit is not maintainable in the present form? OPD