BALWANT SINGH AND ORS. Vs. COMMISSIONER, GURGAON DIVISION

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to an order dated 13.1.1995 passed by Commissioner, Gurgaon Division, Gurgaon allowing the revision filed by Gram Panchayat, Partal holding that the land is vested in Shamlat deh, which has wrongly been transferred in the name of custodian department. A perusal of the record shows that Gram Panchayat, Partal filed a suit for declaration that land comprising in Khewat No. 482, Khatoni No. 743 measuring 2668 Kanals 04 Marlas situated in the area of village Partal, Tehsil and District Mahendergarh is shamlat deh and vests in Panchayat. In the said suit, a finding was returned that 3/4th of the share of land is owned by custodian department and remaining 1/4th share owned by the proprietors of that land (Gram Panchayat Dhana). Such order was maintained in appeal by the Collector on 04.03.1993. However, the Commissioner has set aside the same on 13.01.1995 relying upon the Supreme Court judgment reported as Gram Panchayat Jamalpura v. Malvinder Singh : AIR 1985 SC 1394 to hold that the Gram Panchayat is owner even in respect of share of Muslims in the shamlat land.

(2.) THE said order of the learned Commissioner is in fact based upon misreading of the order of the Supreme Court. In the aforesaid judgment, it has been held that the share of Muslims in shamlat land would vest in custodian.

(3.) A perusal of the writ petition shows that Village Partal and Village Dhana were two villages prior to partition of the country, but have common hadbast. The total population of Village Partal was of Muslims, whereas the total population of village Dhana was of Hindus. The total Muslim population of village Partal left for Pakistan and the allottees were settled on the said land. It is pointed out that at the asking of custodian department, mutation of 3/4th share of land was sanctioned in its favour after the judgment of the Supreme Court. It has been also pointed out that in the year 1976, two Gram Panchayats were carved out i.e. Gram Panchayat Partal and Gram Panchayat Dhana. On 24.08.1985, Gram Panchayat Partal filed a suit claiming title over the entire land measuring 2668 kanals and 4 marlas under Section 13 -A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act') by asserting that the property vests in Panchayat and also challenged the mutation sanctioned in favour of the Rehabilitation Department. The grievance of the petitioners is that in the said suit, Gram Panchayat Dhana was not impleaded as a party and that the land does not vest in the Rehabilitation Department.