LEELA RAM Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) THIS judgment of ours would dispose of two Civil Writ Petitions No. 13708 of 1996 ad 16304 V. of 1996. The order under challenge is common in both these petitions and the point involved is also the same. The Gram Panchayat respondent No. 1 filed an application for eviction against the petitioners on the ground that they are in unauthorised occupation of the Gram Panchayat land. The inhabitants of the village also filed similar application. The application Under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 was dismissed by the Assistant Collector, Ist Grade, Narnaul, Against the order of the Assistant Collector, Ist Grade, the inhabitants of the village filed an appeal before the Collector whereas no appeal was filed by the Gram Panchayat. In appeal the orders of the Assistant Collector, Ist Grade, Narnaul were affirmed. The Cram Panchayat did not choose to file any revision petition before the Commissioner, whereas the inhabitants of the village filed revision petition before the Commissioner, Gurgaon Division, Gurgaon. The Commissioner reversed the order of the Assistant Collector, Ist Grade and Collector and ordered eviction of the petitioners.

(2.) THE learned counsel for the petitioners has at the very, outset submitted before us that the Commissioner has no jurisdiction to entertain the revision petition against the orders of the Assistant Collector and the Collector. It was vehementaly argued that the order of Collector in eviction proceedings is final For appreciating the precise submission of the learned counsel for the petitioners, it is necessary to have a look at the bare provisions of Punjab Village Common Lands (Regulation) Act, 1961 as have been amended. It has remained undisputed before us that proceedings for eviction were filed under the amended provisions. The amended provisions of the Act are re-produced as under:" Section 7 (1) : An Assistant Collector of the first grade having jurisdiction in the village may, either suo motu or on an application made to him by a Panchayat or an Inhabitant of the village or the Block Development and Panchayat Officer or Social Education and Panchayat Officer, or any other Officer authorised by the Block Development and panchayat Officer, after making such summary enquiry as he may deem fit and in accordance with such procedure as may be prescribed, eject any person who is in wrongful or unauthorised possession of the land or other immovable property in the Shamlat Deh of that village which vests or is deemed to have been vested in the Panchayat under this Act and put the Panchayat in possession thereof and for so doing the Assistant Collector of the first grade may exercise the powers of a revenue Court in relation to the execution of a decree for possession of land under the Punjab Tenancy Act, 1887. Provided that if in any such proceedings the question of title as raised and proved prima facie on the basis of documents that the question of title is really involved, Assistant Collector of first grade shall record a finding to that effect and first decide the question of title in the manner laid down hereinafter. xxx xxx xxx xxx xxx xxx Section 13-B. . . (AS IN HARYANA) APPEAL AND REVISION :

(3.) IN the present case admittedly no question of title was raised by the petitioners and therefore inhabitants of the village were dis-entitled to invoke the jurisdiction of the Commissioner Under Section 13-B (2 ). They could have filed the revision petition only if the petitioners has raised the question of title when they were sought to be evicted as unauthorised occupants.