MANDIR BABA SIDH BHOI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution for the issuance of an appropriate writ, direction, or order, quashing the order, dated 27th May, 1966 of the Additional Director of Consolidation (Respondent No. 2).

(2.) The petitioner is a resident of village Kot Lallu, Tehsil Mansa, District Bhatinda. There is a Samadh of Baba Sidh Bhoi known as 'Mandir Sidh Bhoi' situated in this village. The petitioner is the Mahant of that Mandir. This Mandir came into being more than 100 years ago, and Jats of Dhaliwal Got are its devotees. Some of the devotees donated 690 Bighas of agricultural land to this institution. This area is contiguous to the Samadh. In the Wajab-ul-Arz prepared at the time of the Settlement of 1904-05 A.D., it is stated that this land was attached to the Samadh, that no tree standing on this land can be cut by any right-holder of the village, nor can any piece out of this land be brought under the plough. It is alleged by the petitioner that this prohibition in wajab-ul-arz was incorporated, because this land was exclusively reserved for purposes subservient to the Samadh. Pilgrims visiting the Samadh at the time of the annual fair, held in the months of May and June, often camped on this land with their carts, horses, etc. It is alleged that this can, therefore, be inferred that this land belonged to the Samadh.

(3.) Consolidation proceedings started in the village in 1960. A Scheme was framed in 1961. The petitioner, though he is the Mahant of an institution owning considerable area, measuring 690 Bighas, was not associated with the framing of the Scheme. Villagers of Got Challan only were made members of the Advisory Committee. These villagers were hostile and inimical to the petitioner. However, at the instance of the petitioner, an entry regarding the wajab-ul-arz was incorporated as a part of the Scheme so as to indicate ownership of the Samadh with respect to this land. A copy of the relevant extract of the Scheme is Annexure 'A'. In the consolidation proceedings, the said land belonging to the Mandir was partitioned and allotted to the Gram Panchayat for common purposes of the village. Thus, the institution was deprived of the ownership of the land attached to it.