AMAN RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INSTANT writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the order dated 06.08.2008 (Annexure P -7) passed by respondent no.2 -Divisional Commissioner, Patiala Division, Patiala and order dated 07.08.2008 (Annexure P -8) passed by respondent no.4 -Assistant Collector -IInd Grade -cumTehsildar, Patiala.

(2.) BRIEF facts as averred in the petition are to the effect that one Umar Ranjit Singh was owner in possession of a triangular land measuring 456 x 486 x 390 karams. Umar Ranjit Singh, predecessor -in - interest of the petitioners, filed suit for declaration and permanent injunction against the State of Punjab through respondent no.3 -District Collector to the effect that he was owner in possession of triangular land measuring 456 x 486 x 390 karams, marked with letters 'ABC' in the site plan attached with the plaint. Learned Sub Judge, Ist Class, Patiala, vide judgment and decree dated 24.02.1987 (Annexure P -1), held that Umar Ranjit Singh is owner in possession of the triangular land situated in village Nain Kalan and State of Punjab was restrained from taking possession of the same. Feeling aggrieved, the State of Punjab preferred appeal before learned Additional District Judge, Patiala which was dismissed vide judgment and decree dated 17.12.1987 (Annexure P -2). Against that, the State of Punjab filed regular second appeal before this Court which was also dismissed vide judgment dated 24.08.1998 (Annexure P -3). The special leave petition filed by the State of Punjab was also dismissed vide order dated 12.03.1990 (Annexure P -4). In pursuance of the order of the civil court, Umar Ranjit Singh filed application for entering mutation as well as allotment of number and for issuance of notification with regard to land measuring 456 x 486 x 390 karams alleged to be falling within village Nain Kalan, Tehsil and District Patiala. Respondent no.2 -Divisional Commissioner, Patiala, vide order dated 31.07.2007 (Annexure P -5) , sent letter to respondent no.3 -Deputy Commissioner -cum -District Collector, Patiala whereby permission has been granted to allot number to the aforesaid plot as per the decision of civil court. Respondent no.3 -District Collector sent the letter dated 30.08.2007 (Annexure P -6) to the Sub Divisional Magistrate, Patiala for allotment of number to the area having no number, as per Sections 34 and 37 of the Punjab Land Revenue Act, 1887 (in short, 'the 1887 Act'). In pursuance of the said letters, mutation no.931 (Annexure P -8) was sanctioned on 27.09.2007. However, respondent no.2 has reviewed his order dated 31.07.2007 (Annexure P -5), vide impugned order dated 06.08.2008 (Annexure P -7) whereby permission to allot number to the land subject matter of jurisdiction in civil suit was withdrawn. Pursuant to the passing of the impugned order dated 06.08.2008 (Annexure P -7), the revenue authority has cancelled the mutation no.931 dated 27.09.2007 vide order dated 07.08.2008. The petitioners claiming themselves sons and widow of Umar Ranjit Singh, who died on 28.11.2011 and on the basis of sale deed dated 15.07.2008 executed by Umar Ranjit Singh, have filed the present writ petition for setting aside the impugned orders (Annexures P -7 and P -8).

(3.) UPON notice of motion, respondents no.1 to 4 filed separate written statement by taking preliminary objections that the present petition has been filed just to grab the government land measuring 43 acres in village Bir Kule Majra. The judgment and decree dated 24.02.1987 is result of fraud played upon the court as well as the Government. As per jamabandi for the year 1905, total area of village Bir Kulemajra, Tehsil and District Patiala was taken as 3573 bighas 8 biswas which was recorded under the ownership of 'Sarkar Daulat Madar' i.e. the then Government. Similarly as per jamabandi for the year 1920 -21, area of village Nain Khurd was 1053 bighas 04 biswas. The then Nazam ordered for transfer of 243 bighas 7 biswas land from village Bir Kulemajra to village Nain Khurd vide mutation No.1 and this area was merged vide mutation no.6 in village Nain Khurd. In this manner, as per jamabandi for the year 1925 -26, village Bir Kulemajra had an area of 3330 bigha 1 biswa (694 acres). In the year 1916, total area of village Nain Khurd was 1053 bighas 4 biswas and after adding above 243 bighas 7 biswas in the year 1924 of village Bir Kulemajra to it, the area of village Nain Khurd became 1296 bighas 11 biswas. In the year 1961, area of village Bir Kulemajra was declared "Protected Forest" by the Govt., vide notification (Annexure R -4). After the bandobast (settlement), the area of village Bir Kulemajra was 3330 bighas 1 biswa as per jamabandi for the year 1925 and area of village Nain Khurd was 1296 bighas 11 biswas. Harbhajan Singh son of Jaswant Singh appeared as "marusi bila lagan" against 17 bighas in khasra no.72/37 min of village Bir Kulemajra in 1954 -55 and 1957 -58. The name of grandfather of the petitioners appeared for the first time in the column of cultivation in the revenue record by way of tampering. In fact, the petitioners have no claim over the land in dispute. In the jamabandis for the years 1945 -46, 1949 -50, 1953 -54, 1957 -58, area of village Bir Kulemajra was 3330 bighas 1 biswas. After a gap of 49 years, Harbhajan Singh and Ranjit Singh filed suit for declaration and permanent injunction against the State of Punjab and Divisional Forest Officer, Patiala which was decreed to the extent of permanent injunction vide judgment dated 20.04.1977 (Annexure R -8) with liberty to the State of Punjab to take possession of land measuring 243 bighas 7 biswas in due course of law. Again, Ranjit Singh filed suit for declaration against the State of Punjab and others which was dismissed vide judgment dated 06.01.1978 (Annexure R -9).