SMADH BABA BHAI SANGTIAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is aggrieved against order dated 20.3.1963 by which land measuring 15 standard acre 5 units has been allotted to Mukand Ram @ Mukand Singh (father of respondent Nos.4 to 8) by treating him tenant under the Pepsu Tenancy & Agricultural Land Act, 1955 [for short 'the Act'].

(2.) The case set up by the petitioner is that land measuring 384 bighas 4 biswas was gifted by King of Patiala to Baba Sangtian and Dera which came into existence in the name of 'Smadh Baba Bhai Sangtian' situated in Village Punnawal, District Sangrur. The Dera was succeeded through Chelas namely Budh Dass, Chela Ram Dass, Chela Nand Ram, Chela Bhajan Dass and Chela Deputy Swaroop. It is averred that after the death of Nand Ram, Bhajan Singh (father of the petitioner) was appointed as Mohtamim of the Dera namely, 'Smadh Baba Bhai Sangtian' and jamabandi was accordingly made in the name of Dera through Bhajan Dass Chela Nand Ram. It is further averred that Deputy Swaroop was appointed as Mohtamim by Bheikh and Gaddi was given to Chela Deputy Swaroop on 12.3.2008. In the year 1962, Mukand Ram @ Mukand Singh son of Budh Ram filed an application under Section 22 of the Act before the Assistant Collector Ist Grade, Malerkotla, who vide his order dated 20.3.1963 treating him qualified tenant under Section 20 of the Act and granted proprietary rights for land measuring 18 standard acre 5 units of land in spite of the fact that land belongs to Dera and no individual was owner in possession over it.

(3.) The present writ petition is directed against the said order dated 20.3.1963, inter alia, on the ground that 'Smadh Baba Bhai Sangtian' was not a party and half of its land has been wrongly allotted to Mukand Ram @ Mukand Singh predecessor-in-interest of respondent Nos.4 to 7 despite the fact that there is a bar under Section 51 of the Act which says that the provisions of the Act would not apply to the land belonging to any religious or charitable institution but not to a Mahant, Mohtamim or Manager. The Charitable institution has also been explained as any other religious place of a public nature. It is submitted that still the mutation was entered in the name of Mukand Ram @ Mukand Singh vide Inteqal No.3116 on the basis of order dated 20.3.1963 and later on entries were made in Jamabandi for the year 1962-63.