JAI BHAGWAN Vs. COMMISSIONER, AMBALA DIVISION

JUDGEMENT

(1.) Prayer in this writ petition is for setting aside order dtd. 30/1/2018 (Annexure P-5), passed by respondent no.l, whereby revision petition filed by respondent no.3 - Pratap Singh challenging order dtd. 2/2/2015 (Annexure P-4), passed by the Assistant Collector, 1st Class, Pehowa was allowed and resolution dtd. 19/10/2012 (Annexure P-1), passed by respondent no.2 - Gram Panchayat was set aside. Order dtd. 2/2/2015 had been passed by the Assistant Collector, 1st Class, Pehowa whereby appeal under Sec. 6(1) of the Punjab Village Common Lands (Regulation) Act, 1961 now Haryana Village Common Lands (Regulation) Act, 1961 as notified on 5/4/2021 (hereinafter referred to as the '1961 Act'), filed by the respondent-Pratap Singh had been dismissed.

(2.) Brief facts necessary for the adjudication of the matter are that the petitioners claiming to be residents of village Chammu Kalan, Kurukshetra state that they belong to the Pal Gadaria Community and are also the caretakers of Pal Gadaria Dharamshala. It is stated that the Gram Panchayat Chammu Kalan vide resolution no.4 dtd. 19/10/2012 allotted land measuring 11 Kanai 5 Marla in Khewat No. 377/351 MIN, Khatoni No. 626, Khasra No. 2053 (8-0), 2054 (3-5) for construction of Pal Gadaria Dharamshala and Community Centre. Grant of Rs.10,00,000.00, it is stated was released under the 3rd State Finance Commission Works in Villages (Normal Plan) Scheme for construction of Dharamshala and Community Centre. The Dharamshala etc. was duly constructed on the land in question. One Ramesh Kumar, Ex-Sarpanch, it is stated filed two civil suits before the learned Civil Court, Pehowa. Application under Order 39 Rules 1 and 2 read with Sec. 151 of CPC seeking restraint upon the present petitioners from raising any type of construction or change/use of the property was dismissed by the learned Civil Judge (Junior Division), Pehowa on 29/3/2014 with the appeal challenging the said order being dismissed by the learned Additional District Judge, Kurukshetra on 14/7/2015.

(3.) It is stated that Ramesh Kumar then through respondent no.3 -Pratap Singh filed appeal under Sec. 6(1) of the 1961 Act challenging Resolution no.4 dtd. 19/10/2012, claiming the same to be illegal as proper procedure under Sec. 5(1) of the 1961 Act was not adopted by the Gram Panchayat and Rules 3 and 8 of the Punjab Village Common Lands (Regulation) Rules, 1964, as applicable to the State of Haryana (hereinafter referred to as '1964 Rules') were also not adhered to. Requisite approval/permission, it is claimed was not taken by the Gram Panchayat under the Utilization Plan. Assistant Collector 1st Class, Pehowa dismissed the appeal vide order dtd. 2/2/2015 (Annexure P-4). Revision under Sec. 13-B of the 1961 Act, challenging said order was preferred by respondent no.3, which was allowed by the Commissioner, Ambala Division, Ambala Cantonment vide the impugned order dtd. 30/1/2018 (Annexure P-5).