AMAR SINGH Vs. COMMISSIONER, HISSAR DIVISION

JUDGEMENT

(1.) THIS petition had been filed by Amar Singh son of Ram Lal, resident of village Khatiwas, District Bhiwani now represented by his Legal Representatives, for quashing orders dated 25.5.1989 (Annexure P-2) of Assistant Collector First Grade, 16.8.1988 (Annexure P-3) of Collector and 14.3.1989 (Annexure P-4) of Commissioner, Hissar Division and for declaring that land in dispute is under the ownership and possession of the petitioner and Mutation No. 373 in favour of the Gram Panchayat respondent No. 4 is illegal.

(2.) THIS petition had been filed by Amar Singh in a representative capacity on behalf of other share holders of Panna Kapooran village Khatiwas. According to the petitioner, the land had been 40 Kanals 8 Marlas bearing Khewat No. 77/78 as per jamabandi for the year 1980-81. The mutation of this land bearing No. 373 dated 12.7.1980 had been entered in favour of the Gram Panchayat which was against law and it had no effect on the rights and title of the petitioner and other share-holders of the village. One Jage Ram had earlier filed a suit which was dismissed on 3.3.1983. Appeal filed by Jage Ram had been dismissed by the Collector. That the land in dispute was owned by shareholders of village Parma Kapooran. This fact was duly recorded in Jamabandi for the years 1946-47, 1970-71, 1975-76 and 1980-81. It was never utilised for the benefit of the village community. It did not vest in the Gram Panchayat. It is a averred that mere sanction of mutation did not confer any right on the Gram Panchayat. The land did not vest in the Gram Panchayat. The suit filed by the petitioner was dismissed by the courts below only on the ground that petitioner had no locus standi and the matter was barred by res Judicata since the case filed by Jage Ram had been decided. Since the authorities have acted illegally, therefore, this writ petition was filed.

(3.) ANNEXURE P-1 is order dated 3.3.1983 of Sub Divisional Officer (Civil) exercising the powers of Assistant Collector, 1st Grade, Dadri in a suit filed by Attar Singh, Jai Singh and Jaibir sons of late Jage Ram for declaration that the land measuring 40 kanals of khewat No. 77/78 Khatauni No. 122 as per the Jamabandi for the year 1975-76 situated in the area of village Khatiwas was not land of Shamlat Deh and did not vest in the Gram Panchayat. Mutation No. 373 dated 12.7.1980 sanctioned in favour of the Gram Panchayat was illegal, against law and had no effect on the rights of the plaintiffs (now petitioners). This suit was dismissed on 3.3.1983. Present petitioner had filed another suit on behalf of himself and other co-sharers of Pana Kapooran. It was to the same effect as the earlier suit. It was disposed of by Assistant Collector, 1st Grade, Dadri on 25.5.1988 vide Annexure P-2 which is English translation of the Hindi version of the order. From the perusal of the judgment Annexure P-2 it would come out that the suit had been dismissed because Jage Ram had earlier filed a suit and the matter had been decided therein. It appears that Amar Singh had filed an appeal which was dismissed by Collector Bhiwani on 16.8.1988 (Annexure P-3) again on the same ground that earlier suit filed by Jage Ram had been dismissed and matter had become res judicata. Revision filed by Amar Singh against this order had been dismissed on 14.3.1989 (Annexure P-4) by Commissioner, Hissar Division, Hissar again on the same ground.