ISHWAR WATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Ishwar Wati, petitioner herein has filed a writ under Articles 226 and 227 of the Constitution of India wherein she seeks issuance of writ in the nature of certiorari to quash the Annexures P-l, P-2, P-4 and P-6. Annexure P-l has been passed by the Assistant Collector 1st Grade, Nuh, An-nexure P-2 has been passed by the Assistant Collector 1st Grade, Palwal, Annexure P-4 has been passed by the Collector, Faridabad, and Annexure P-6 has been passed by Commissioner, Gurgaon Division.

(2.) BRIEF facts on which the relief indicated above is sought to rest reveals that petitioner had become the owner of the land in dispute on 30. 9. 1972 through a Civil Court decree. The Gram Panchayat Khokiaka the only contesting respondent herein had obtained an ex parte decree. On 9. 2. 1976 (Annexure P- 1 ) the Assistant Collector 1st Grade, Nuh set-aside the Civil Court decree that was obtained by the petitioner on 30. 8. 1972 and consequent upon that, the possession of the land was to be delivered to the Gram Panchayat. This order was passed by the Assistant Collector 1st Grade exercising his powers under Section 13-A (4) of the Punjab Village Common Lands (Regulation) Act, 1961. The Gram Panchayat slept over the matter for a number of years. On 27. 11. 1991 an order for executing, the order Annexure P-1 was passed, while rejecting the objections raised by the petitioner opposing the execution proceedings. The petitioner unsuccessfully filed an appeal and revision before the Collector and Commissioner respectively, which too met with the same fate.

(3.) THE sole contention of Shri R. M. Singh, Advocate, learned counsel appearing for the petitioner is that Section 13-A, as inserted by Haryana Act No. 34 of 1974 was no more on the statute book at the relevant time when the Gram Panchayat had obtained order (Annexure P-l) by which the Civil Court decree obtained by the petitioner was set-aside. In Karnal Cooperative Farmers Society Pehowa Ltd. v. Gram Panchayat, Pehowa and Ors. , 1976 PLJ 237, the aforesaid provision i. e. 13-A of the Punjab Village Common Lands (Regulation) Act was held to be ultra vires, unconstitutional and was struck down. Section 13-A was once again inserted by Act. No. 2 of 1981. This time however, vide Section 13-A as inserted by Act No. 2 of 1981, jurisdiction of Civil Court was barred and again this provision was made applicable with retrospective effect i. e. 4. 5. 1961. In so far as retrospectivity of Section 13-A as inserted by Act No. 2 of 1981 is concerned the same was successfully challenged by some affected persons and to that extent the provision was held to be illegal. This opinion was expressed by Division Bench of this Court in Bijender Singh and Anr. v. The Assistant Collector 1st Grade, Guhla and Ors. , 1983 PLJ 116. These two judgments of the High Court i. e. Karnal Cooperative Farmers Society's case (supra)and Bijender Singh's case (supra) were upheld by the Supreme Court in State of Haryana and Ors. v. The Karnal Cooperative Farmers Society Limited, (1993-3)105 P. L. R. 220 (S. C. ). In fact, that decision by the Supreme Court was in appeal preferred by the State of Haryana against the judgment delivered by Division Bench of this Court in 1976 PLJ 237. On the aforesaid facts, the sole contention of Shri R. M. Singh, Advocate is that when Section 13-A was not on the statute book, the Assistant Collector had absolutely no jurisdiction to pass Annexure P-l and therefore even though the petitioner did not agitate at any stage before execution proceedings were launched against her, the said order being nullity and void ab initio could be ignored.