GRAM PANCHAYAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE two writ petitions relate to the same subject matter. CWP No. 220 of 1986 is filed by Gram Panchayat Laha while CWP No. 1472 of 1987 is filed by the villagers challenging the orders of Tehsildar Sales vide Annexures P-3, dated 30. 1. 1985. As both the writ petitions relate to the same subject matter, they are disposed of by the common judgment.

(2.) THE petitioners in both the writ petitions namely the Gram Panchayat and the villagers are claiming that the lands in dispute are shamlat deh vested in the Gram Panchayat and, therefore, they cannot be allotted to any displaced person. According to the petitioners in both the writ petitions the mutation of the land was effected in favour of the Gram Panchayat by an order of the Assistant Collector, IInd Grade, Ambala dated 23. 4. 1985. But according to the respondents, the lands being evacuee property vested in the Central Government/custodian and they have been mutated in favour of the Central Government by an order dated 30. 1. 1985.

(3.) ACCORDING to the learned Counsel for the respondents property is subject to river action and, therefore, the property does not fall within the definition of Shamlat deh. This disputed question of title has to be decided by the authorities on an application filed Under Section 7 of the Punjab common Lands (Regulation) Act 1961. This Court cannot order the eviction of the respondents as the High Court will not decide the questions of fact as to whether the land is shamlat deh vested in the Gram Panchayat or not. The learned Single Judge of this Court has decided on 21. 9. 1994 in C. W. P. No. 4889 of 1986 (Gram Panchayat Kathemajra v. Union of India and Ors.) (1994-3)108 P. L. R. 580 that it is necessary that an enquiry should be held to decide the question as to whether or not the disputed property is Shamlat Deh. This decision of the Single Judge has been upheld in L. P. A. No. 1353 of 1994, wherein the Bench observed as follows :