GRAM PANCHAYAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed by the Gram Panchayat, Pehowa, Tehsil Gulha, District Kurukshetra, challenging the order dated December 7, 1973, Annexure 'C' passed by the Government by which the Panchayat has been superseded.

(2.) The facts giving rise to this controversy may briefly be stated as follows. An area of 3063 Kanals and 18 Marlas situate in the revenue estate of Pehowa was recorded as Banjar Qadim land for a large number of years. This area was leased out by the Collector of Karnal to the Karnal Co-operative Farmers Society, Pehowa, Karnal, under the Utilization of Lands Act, 1949, in the year 1951. Another such area of 681 Kanals 2 Marlas was leased out by the Collector, Karnal, to the Lyallpur Co-operative Joint Farming Society Ltd., Murtazapur, Karnal, in the same year. It is alleged that the Karnal Co-operative Farmers Society (hereinafter called the Society) invested a lot of money in bringing the land under cultivation, which was virtually in the shape of a jungle. The land allotted to the other Society was not taken into possession by it. On the other hand, one Dasondha Singh and 9 others got possession of this land and made it cultivable by breaking the jungle. It is farther averred that after the coming into force of the Punjab Village Common Lands (Regulation) Act, 1953, this land was mutated in the name of the Gram Panchayat as its owner. Later on, when this Act was repealed and the 1961 Act was brought on the statute book, this land, according to the petitioner-Panchayat ceased to belong to the Gram Panchayat because it did not fall within the definition of shamilat land as given in Section 2(g) of this Act. There were some disputes between the earlier Gram Panchayat and the lessees of land which had been decided in favour of the lessees.

(3.) In the return filed on behalf of the respondents, it has been stated that Amar Singh, Raghbir Singh and Gurdial Singh, who have been elected as the Panches of the present Panchayat, were also Panches at the time when the old Panchayat suffered the conclusive decrees against it. Regarding Kehar Chand and Inder Dass, it has been stated that they are the group leaders of the Abadi Dera Bazigars, which is in wrongful possession of about six acres of Panchayat land. Regarding the disobedience of the instructions issued by the Block Development and Panchayat Officer in the matter of filing suits for getting the collusive decrees set aside, it has been urged that Rule 16 of the Rules framed under the Punjab Village Common Lands (Regulation) Act 1961, entitles the Gram Panchayat to sue or be sued in a Court of law. It has further been stated that the explanation of the Gram Panchayat was duly considered while taking the impugned action, which was legal.