SANT RAM Vs. JOINT DIRECTOR PANCHAYATS

JUDGEMENT

(1.) THIS Writ Petition is filed to quash the proceedings to the Joint Director, Panchayats Punjab, whereby the orders passed by the collector, Patiala, dated May 25,1980, under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961, (hereinafter referred to as the 'Act') were confirmed.

(2.) THE petitioner has been in possession of 13 biswas of land in Khasra No. 794 in village Damanheri. Respondent No. 3, which is Gram Panchayat of Damanheri, claiming that the said land is Shamlat Deh filed an application under Section 7 of the Act for ejectment of the petitioner. That application was earlier disposed of by the Commissioner, Patiala, on February 7, 1979, who held that it was not proved that Khasra No. 794 falls within the definition of Shamlat Deh. The Commissioner held that the Gram Panchayat could not file fresh application under Section 7 of the Act in accordance with law. Thereafter, the Gram Panchayat filed a second application for the same relief on the same facts. On that application, the Collector by his order dated May 25, 1980, directed the eviction of the petitioner. The same was confirmed by the Joint Director, Panchayats, Punjab in his order dated February 26,1981.

(3.) THERE is no dispute that the Gram Panchayat moved an application in the year 1978 for ejectment of the petitioner from the land in dispute. It is also an admitted fact that the Commissioner by his order dated February 7, 1979, dismissed the petition filed by the Gram Panchayat for ejectment of the petitioner. In the course of the order, the Commissioner observed that the jamabandi records for the year 1973 -74 and the copy of Khatauni prepared by the Consolidation of Holdings Department in the year 1955 -56 prove that Khasra No. 794 is a qair mumkin bara (abadi) and according to proviso of Section 2(g) it does not prima facie fall within the definition of Shamlat Deh. On this basis, the Commissioner dismissed the application filed by the Gram Panchayat for ejectment. Therefore, it is clear in the earlier proceedings itself the question of title of the Gram Panchayat was raised. Gram Panchayat has not taken any steps to have its rights declared over the land in dispute. Instead of taking any steps to have its rights determined in the land, the Gram Panchayat moved a fresh application under Section 7 of the Act on the same facts as were taken in the previous application. It has been held by this Court in Lal Chand v. State of Haryana and Ors., 1983 P.L.J. 229 that the Gram panchayat could not file second application under Section 7(2) of the Act on the same ground and such an application should be barred by the general principles of was res judicata. I am, therefore, of the opinion that second application on the same ground cannot be maintained without establishing the right of the Gram panchayat over the property in question.