HOSHIARA & ORS. Vs. GRAM PANCHAYAT, KARONTHA

JUDGEMENT

(1.) The petitioners are residents of Village Karontha, Tehsil and District Rohtak. They have laid challenge to the orders dated 24.5.1993 and 27.10.1993 passed by the Collector, Rohtak and Commissioner, Rohtak Division, respectively. Vide the first order, the Collector allowed the appeal filed by Gram Panchayat of Village Karontha through Block Development and Panchayat Officer, Kalanour and remanded the case to the Assistant Collector, Ist Grade to decide the petition filed by the petitioner under Sec. 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act') as applicable to State of Haryana after framing the issues and giving opportunity to the parties to lead their respective evidence. The parties were directed to appear before the Assistant Collector Ist Grade, Rohtak on 8.6.1993.

(2.) It may be mentioned here that the Assistant Collector Ist Grade, Rohtak vide his order dated 27.9.1990 had accepted the petitioners' declaratory petition and held them owners of the suit land. That order was challenged by the Gram Panchayat through the Block Development and Panchayat Officer.

(3.) The aggrieved petitioners challenged the order of the Collector in a revision petition before the Commissioner on the solitary ground that there was no Resolution passed by the Gram Panchayat to file appeal before the Collector and that the Block Development and Panchayat Officer was neither competent nor had any locus standi to file that appeal. The said contention was turned down by the Commissioner observing that the Block Development and Panchayat Officer has every right to watch the interest of the Gram Panchayat over Shamlat Deh and there was nothing erroneous in filing appeal by the Gram Panchayat through Block Development and Panchayat Officer.