GRAM PANCHAYAT Vs. COMMISSIONER

JUDGEMENT

(1.) The Gram Panchayat, Karad, Tehsil Israna, District Panipat, prays for issuance of a writ of certiorari quashing orders dated 08.11.2006 and 19.09.2007 passed by the Assistant Collector Ist Grade, Panipat and orders dated 28.01.2009 and 22.03.2011 passed by the Collector, Panipat and the Commissioner, Rohtak Division, Camp at Panipat, respectively.

(2.) Counsel for the petitioner submits that in view of order passed in CWP No.11646 of 2001, directing the Assistant Collector Ist Grade, Panipat, to decide the question of title, he was required to adopt the procedure, prescribed in the first proviso to Section 7 of the 1961 Act, for deciding a question of title. The Assistant Collector, however, declined to decide the question of title and directed the Gram Panchayat to file a suit under Section 13A of the 1961 Act. It is further argued that apart from this error, as no question of title was ever decided, there is no question of any order operating as res judicata.

(3.) Counsel for respondent Nos.4, 5, 7 to 9 submits that as no question of title was raised before the Assistant Collector Ist Grade, Panipat, and even otherwise as the Gram Panchayat was required to file a petition under Section 13A of the 1961 Act, the Assistant Collector Ist Grade, Panipat, rightly directed the Gram Panchayat to file a petition under the aforementioned provision. The Gram Panchayat filed a petition before the Assistant Collector Ist Grade, Panipat, instead of filing it before the Collector, Panipat. The petition was rightly dismissed for want of jurisdiction. The orders passed by the Collector and the Commissioner in appeal and revision filed by the Gram Panchayat, therefore, cannot be said to be illegal and void. The writ petition may, therefore, be dismissed.