TARA SINGH Vs. JOINT DIRECTOR PANCHAYAT ETC

JUDGEMENT

(1.) THE petitioner has assailed the order of the Joint Director, Panchayats, Punjab, (exercising the powers of the Commissioner ). Chandigarh dated April 21, 1980, affirming on appeal the order of the District Development and Panchayat Officer (exercising the powers of the Collector ). Amritsar dated November 16, 1978, in this petition under Articles 226/227 of the Constitution of India.

(2.) THE undisputed facts are :-An application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, the Act) for eviction of the petitioner from the disputed land was filed by Gram Panchayat, Bhittewad. The same was allowed by the Assistant Collector, I Grade, Ajnala vide order dated August 31, 1970. Appeal against this order was rejected by the Collector, Amritsar vide order dated December 31, 1970. The petitioner challenged these orders in Civil Suit No 43 of 1971. The Civil Court vide judgment and decree dated October 22, 1973 held that the suit land was not Shamlat Deh and, as such, could not vest in the Gram Panchayat and that the order of the Assistant Collector, I Grade, dated August 31, 1970 and the appellate order of the Collector dated December 31, 1970 were null and void. It was further held that the petitioner was in joint possession of the suit land alongwith other co-sharers. The judgment and decree of the Civil Court were assailed by the defendants to the suit who were Gram Sabha, Bhittewad and Block Development Officer, Chogawan Panchayat Samiti, Tehsil Ajnala, District Amritsar, On April 6, 1977, a fresh application was moved under Section 7 of the Act as amended by Punjab Act No. 19 of 1977, for eviction of the petitioner from the land, which was the subject matter of Civil Suit No. 43 of 1971 decided on October 22, 1973. . The application was allowed by the District Development and Panchayat Officer (exercising the powers of the Collector), Amritsar vide order dated November 16, 1978 and the same was affirmed on appeal, by the Joint Director of Panchayats, Punjab (exercising the powers of the Commissioner), Chandigarh vide order dated April 21, 1980. Before the Joint Director, Panchayats, Punjab it was pointed out that the Civil Court has earlier held that the disputed land did not vest in the Gram Panchayat and,- as such, Section 7 of the Act was inapplicable and the proceedings under that Act could not be initiated. He negatived the plea holding, thus :

(3.) IT is unfortunate that the State has conferred appellate powers under the Act even on such officers who do not have even elemantry knowledge of law. The term "justice and fair play" is alien to some of them. They even did not try to understand the elementary provisions of the Statute under which they exercise appellate powers. If the Joint Director of Panchayats, Punjab had invited his attention to the provisions of Section 13 which were substituted by Punjab Act 19 of 1976, he would not have made the error of the type as has been made in the instant case. Section 13 reads, thus :-Bar of jurisdiction in Civil Court.--No civil court shall have jurisdiction-