MEHAR SINGH Vs. GRAM PANCHAYAT/GRAM SABHA

JUDGEMENT

(1.) THIS appeal has been placed for hearing before this bench in pursuance of order of learned Single Judge dated 7.12.2004. It would be appropriate to reproduce the aforesaid order passed by the learned Single Bench, which are as under :-

(2.) APPREHENDING that the Gram Panchayat is likely to alienate the property by making small plots, the plaintiff-appellant filed the suit from which the instant appeal has arisen seeking permanent injunction against Gram Panchayat from selling/alienating/transferring by way of carving out plots and also restraining the Gram Panchayat from cutting, removing and selling the trees standing in the suit land. Learned counsel for the appellant has argued that the Collector under Section 11 or Section 13 of the Act has no inherent power to issue any interim order and the interim order can only be passed by the Civil Court especially when the order of the Director, Consolidation dated 15.7.1996 has been upheld upto this Court and thereafter, even by the Supreme Court. According to the learned counsel permitting the Collector to invert the whole adjudication and determination of rights of both the parties upto Supreme Court, would cause manifest injustice to the plaintiff-appellant. He has also argued that the order of the Collector dated 1.4.1998 restraining the plaintiff-appellant is also without jurisdiction although the same has not been challenged by the plaintiff-appellant before the superior authorities. The learned counsel has also submitted that there is no provision in the Punjab Village Common Land (Regulation) Act, 1961 for grant of interim injunction vesting power with the Collector and in the absence of such a provision, no power can be assumed by him. Such a power can alone be exercised by a Civil Court.

(3.) MR . Punia has raised another contention that Director, Consolidation cannot decide the question as to whether the land was Shamlat deh or it belongs to proprietor. In support of the afore-mentioned submission, learned counsel has placed reliance on another judgment of this Court in the case of Balkar Singh and others v. Director, Land Records, Punjab and others, 2000(1) RCR(Civil) 750 : 2000(2) PLR 111.