PARDEEP KUMAR Vs. JOINT DIRECTOR, PANCHAYAT, PUNJAB

JUDGEMENT

(1.) The petitioners pray for issuance of a writ of certiorari setting aside order dated 30.11.1983 passed by the District Development and Panchayat Officer exercising the powers of the 'Collector', Patiala, and order dated 29.8.1986 passed by the Joint Director, Panchayat, exercising the powers of the 'Commissioner', Punjab, Chandigarh under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the 1961 Act") Counsel for the petitioners submits that land situated in Rectangle No. 3, bearing Khasra No. 25/1, is recorded, in jamabandi for the year 1961-62 as "Jumla Mushtarka Malkan" and, therefore, does not vest in the Gram Panchayat. The petitioners filed a civil suit before the Sub Judge III Class, Patiala, seeking a declaration of their ownership. The suit was decreed on 20.2.1964. A mutation of ownership was sanctioned in favour of the petitioners on 22.5.1966. The Gram Panchayat filed a petition under section 11 of the 1961 Act, claiming ownership of this land. The application was allowed by the Collector by holding that the land vests in the Gram Panchayat. An appeal filed by the petitioners was dismissed arbitrarily without considering that the land, in dispute, does not vest in the Gram Panchayat and by wrongly holding that judgment and decree dated 20.2.1964, passed by a Civil Court, is collusive.

(2.) Counsel for the petitioners further submits that before introduction of Sections 11 and 13 of the 1961 Act, the jurisdiction to decide a dispute, whether land vests or does not vest in a Gram Panchayat, vested in a civil court. The Collector and the Appellate Authority, therefore, had no jurisdiction to ignore the decree. The finding recorded by the appellate court that the decree is collusive, is not borne out from any evidence or material on record. The mere fact that the decree is ex-parte, or that the Sarpanch did not put in appearance, does not raise an inference, that it was obtained by collusion or fraud. A decree is binding inter parties till such time as it is set aside by a competent court. The impugned order may, therefore, be set aside.

(3.) Counsel for respondent No. 3 submits that as the land is, admittedly, "Jumla Mushtarka Malkan", it vests in the Gram Panchayat. The decree was rightly ignored as it is clearly collusive.