NAURANG SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant proceedings originated in a petition filed by the respondent-Gram Panchayat to be put in possession of the land in dispute under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (herein after referred to as the Act ). Appositely the facts emerging from the pleadings of the parties and the undisputed inferences put during the jourse of arguments run as under :

(2.) RESPONDENT -Gram Panchayat sought to be put in possession of the land in dispute in 1967, under Section 7 of the Act, as was then applicable. It was contended that the land in dispute vested in Gram Panchayat, and predecessor-in-interest of the petitioner who was none else than his father, was claimed to be in un-authorised possession of the said land and so the petitioner continued as such. Consequently, the Gram Panchayat Claimed to be put in possession. The Assistant Collector vide his order dated 4. 5. 1967 dismissed the petition observing that "from the evidence produced by Shri Naurang Singh, it is evident that he bought land on 15th Jeth 1966 BK alongwith share of Shamlat land which falls as 12 bighas 13 biswas, so acquired this land prior to the enforcement of this Act and has been in continuous cultivating possession of the land which none has been given to him. So, according to rules, he acquired this land prior to the enforcement of this Act. As the notice is withdrawn and the land is excluded from the definition of shamlat deh". No further action was taken.

(3.) THE respondent-Gram Panchayat again moved a petition for the same relief on the same grounds as referred to above on 26. 11. 1981. We may hasten to add that the only distinguishing feature added in this petition was that in the heading petition for ejectment was referred to 'the petition under Section 11 read with Section 7 of the Punjab Village Common Lands (Regulation)Act. ' The said petition was dismissed on 30. 7. 1982. The respondent-Gram panchayat went in appeal against the said order, which was set aside and the case was remanded back by the Commissioner vide his order dated 27. 12. 1985. It was observed :- "as the Assistant Collector First Grade was not competent to decide the question of title, the proper remedy for the Gram Panchayat was to file an application under Section 11 of the Act. " It is this remand order which has been impugned in this writ petition, inter-alia, contending that no application under Section 11 of the Act is maintainable on behalf of the Gram Panchayat to determine the question of title (ii) decision or order of rejection of the petition earlier for ejectment of the petitioner and putting Gram Panchayat into possession i. e. for the same relief prior to this petition operates as res-judicata or equitable estoppel.