MAHABIR SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed seeking quashing of the order dated 26.8.2008 (Annexure-P.5) passed by the learned Financial Commissioner, Haryana (respondent No. 1), the order dated 22.11.2006 (Annexure-P.3) passed by the learned Commissioner, Rohtak Division, Rohtak (respondent No. 2) and the order dated 7.11.2005 (Annexure-P.2) passed by the learned Collector, Rohtak whereby the suit for declaration filed by respondents No. 3 to 8 (respondents No. 5 to 8 being the LRs of Uma Shankar) under Section 13-A of the Punjab Village Common Land (Regulation) Act, 1961 ('Act' - for short) has been decreed in favour of Gram Panchayat, Village Kharawar, Tehsil and District Rohtak (respondent No. 15). The appeal filed by the predecessors-in-interest of the petitioners has been dismissed by the Commissioner, Rohtak Division, Rohtak vide order dated 22.11.2006 (Annexure-P.3) and the revision under Section 13-AA of the Act has been dismissed by the learned Financial Commissioner, Haryana.

(2.) THE dispute between the petitioners and respondents No. 3 to 8 is with respect to land measuring 26 Kanals 11 Marlas which has been described in the Jamabandi for the year 1966-67 in the column of ownership as 'Shamilat Thola Bajan Hasab Rasad Rakba Khewat'. In column 8 as regards the nature of land, most of the land has been described as 'Gair Mumkin Johar' (pond). The authorities under the Act vide their impugned orders have held that the said land vests in the Gram Panchayat (respondent No. 15) and accordingly the suit has been decided in its favour.

(3.) AFTER giving my thoughtful consideration to the contentions of the learned counsel for the petitioners and perusing the record, I find no merit in the same. Section 13-A of the Act provides for adjudication of questions of title etc. It is inter alia envisaged the rein that any person claiming right, title or interest in any land or other immovable property vested or deemed to have been vested in the Panchayat under this Act, may file a suit for adjudication, whether such land or other immovable property is 'Shamilat Deh' or not and whether any land or other immovable property or any right, title or interest the-rein vests or does not vest in a Panchayat under this Act, in the Court of the Collector, having jurisdiction in the area wherein such land or other immovable property is situated. In terms of subsection (2) of Section 13-A of the Act the procedure for deciding the suits under sub-section (1) shall be the same as laid down in the Code of Civil Procedure, 1908.