RATTAN SINGH Vs. COMMISSIONER, AMBALA DIVISION, AMBALA

JUDGEMENT

(1.) Petitioners herein filed a suit for declaration against the Gram Panchayat Bhurawas in the Court of Sub Judge, Jhajjar, claiming that they were owners in possession of land measuring 86 Kanals 19 Marlas being cosharers. The land was not Shamlat Deh and the mutation sanctioned in favour of the Gram Panchayat was not binding on them and was liable to be set aside. The case of the defendant was that the land was Shamlat Deh and the mutuation had been correctly sanctioned in favour of the Gram Panchayat. The suit was dismissed but on appeal the decree passed by the trial Court was set aside and the case was remanded to the trial Court for fresh decision. In the meantime, the Punjab Village Common Lands (Regulation) Act, 1961 (for short called 'the Act') was amended and the suit was transferred to the Court of Assistant Collector, Jhajjar for disposal.

(2.) The Assistant Collector Ist Grade granted a decree for declaration in favour of the petitioners by holding that they were the owners in possession of the land in question as cosharers and the mutation had been wrongly sanctioned in favour of the Gram Panchayat.

(3.) The Gram Panchayat took the matter in appeal and the Collector after considering the matter allowed the appeal, set aside the decree passed by the Assistant Collector Ist Grade and dismissed the suit. It was found by the Collector that the land was recorded as Banjar Qadim Makbuja Malkan in the revenue record for the year 1953-54 but the user thereof had not been mentioned therein, however, it was being used for grazing the cattle of the whole village as per the Sharat Wajbulraj. The possession of the petitioners was held to be proved only from 1963. The revision petitions were dismissed by the Financial Commissioner after recording a finding that the land was Banjar Qadim and was being used for grazing without discrimination between the proprietors and non-proprietors. Feeling dissatisfied, the present writ petition has been filed.