MOHAN LAL Vs. GRAM PANCHAYAT NANGAL KHURD

JUDGEMENT

(1.) This judgment shall dispose of a bunch of civil revision petitions filed under the Article 227 of the Constitution of India. The various petitioners assail the correctness of identically worded separate orders passed by the learned Additional Civil Judge, Senior Division, Sonepat on 25/9/2012, while disposing of objection petition filed by the judgment debtor in the execution proceedings. Some peculiar facts are required to be noticed.

(2.) As many as 146 villagers filed a suit for grant of a decree of declaration and mandatory injunction claiming title over the land which was allegedly allotted to them for being used as manure pits vide resolution of Gram Panchayat dtd. 30/8/1994. In the suit, there were two defendants namely the Gram Panchayat through its Sarpanch and Hawa Singh, Ex- Sarpanch of the village. It may be noted here that the suit was disposed of as a statement was made on behalf of the Gram Panchayat that it will have no objection to the permission is granted by the Administration to the Gram Panchayat with regard to the usage of the allotted area i.e. the said land as manure pits. The copy of the statement of Amar Singh, Sarpanch is extracted as under:-

(3.) The plaintiffs filed the execution petitions which were dismissed as premature by the Executing Court on 17/12/2009. It may be noted here that the Executing Court noticed that no permission from the appropriate Government, for allotment of the land for its usage as manure pits has been received. The correctness of the aforesaid order was assailed by filing Civil Revision Nos. 1600 to 1603 of 2010, which were subsequently dismissed as withdrawn with liberty to the petitioner to go back to the Executing Court. Thereafter, certain plaintiffs filed fresh execution applications, whereas, others filed applications for review of the order dtd. 17/12/2009. The Executing Court has disposed of all the execution petitions vide an order dtd. 25/9/2012.