GURUDWARA PARBHANDHAK COMMITTEE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is Gurudwara Parbhandhak Committee of Shri Gurudwara Sahib located in village Saidpur Patti, Tehsil Patti, District Tarn Taran. It has laid challenge to the order dated 10.05.2016 (Annexure P/11) passed by the Director, Rural Development and Panchayat Department, Punjab, in exercise of powers as Commissioner-cum-Appellate Authority under the Punjab Village Common Lands (Regulation) Act, 1961 (for brevity, 'the 1961 Act'). Vide the said order, the appeal filed by the petitioner-Committee against the order of the Collector, Tarn Taran, dated 26.03.2015 whereby its suit for declaration filed under Section 11 of the Act was dismissed, has been upheld. In its petition under Section 11 of the 1961 Act, the petitioner-Committee sought a declaration that the land measuring 37K-8M is under the ownership of Shri Gurudwara Sahib and the Gram Panchayat of village Bhathe Bhaini, respondent No. 4, has no concern whatsoever with the said land.

(2.) A brief reference to the facts may be noticed:

(3.) Village Saidpur and Village Bhathe Bhaini are adjoining villages and it appears that at one point of time they had a common Gram Panchayat. It further appears from the revenue record, especially jamabandi for the year 1937-38 (Annexures P-1 and P-2 Colly) that some residents of both the villages parted with a part of their lands and gave it for the purpose of construction of Gurudwara and for generating income for its maintenance etc. The said land was depicted as shamlat deh in the revenue record and subsequently when Mutation No. 704 was sanctioned on 06.12.1958, the land was shown to be owned by Gram Panchayat Bhate Bhaini, though it was in cultivating possession of Shri Gurudwara Sahib. Such entries continued in the jamabandi for the year 1958-59 as well as subsequently like in the jamabandi for the year 2005-06 etc.