GRAM PANCHAYAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner namely Gram Panchayat, Kharkra filed this writ petition challenging the order of Tehsildar (Sales)-cum-Assistant Collector Ist Grade, Hisar dated 27. 7. 1981, whereby the Tehsildar (Sales) directed the portion of Shamilat deh and change of mutation in favour of Custodian.

(2.) THE village Kharkra is a revenue proprietary village consisting of both Hindus and Muslims. Both the Hindus and Muslims jointly owned Shamilat deh of a total extent of 2181 kanals 10 marlas of land in the village comprising in several killa numbers. Some of the Muslim proprietors of the village have been migrated to Pakistan after partition. Thereafter, the entire Shamilat deh land of the extent, of 2181 kanals and 10 marlas which was Shamilat deh was mutated in the name of the Gram Panchayat. In the impugned order, the Tehsildar (Sales)directed the Block Development Officer, Barwala to partition the property and enter the name of the Custodian in regard to the share of Muslim evacuees in Shamilat land. This order obviously came to be passed because of the decision of this court in Gram Sabha and Gram Panchayat v. Chief Settlement Commissioner reported in, 1973 P. L. J. 398, wherein it has been held that the share of the evacuees in the Shamilat of the village from which Muslims evacuees have migrated vested in the custodian by virtue of Sections 7 and 8 of the Administration of Evacuee Property Act of 1950 and that the Punjab Village Common Lands (Regulation) Act, 1954 did not divest such share of the evacuees and such share which has vested in the Custodian would not be mutated in the Panchayat.

(3.) THE writ petition is accordingly allowed, but in the circumstances of the case, there will be no order a to costs.