Hardyal Singh and ors. Vs. State of Punjab and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1143500
CourtPunjab and Haryana High Court
Decided OnJun-05-2014
AppellantHardyal Singh and ors.
RespondentState of Punjab and ors.
Excerpt:
in the high court of punjab and haryana at chandigarh cwp no.11820 of 2014 date of decision: 05.06.2014 hardyal singh & ors....petitioners versus state of punjab & ors....respondents coram: hon'ble mr.justice s.s.saron hon'ble ms.justice lisa gill present: mr.ks boparai, advocate for the petitioners.s.s.saron, j. learned counsel for the petitioners contends that land measuring 356 kanals 6 marlas situated in village kot kalan, tehsil nabha, district patiala, was not reserved for common purposes by applying a pro rata cut on the holdings of the proprietors during consolidation operations. therefore, the said land never remained under the control and management of the gram panchayat, kot kalan and the proprietors had been cultivating the land as co-owners being members of the village proprietary body. it is submitted that the petitioners along with other co-owners earlier filed cwp no.4845 of 2005 in this court. the said writ petition vide order dated 21.12.2010 was remanded to the collector under the village common lands (regulation) act, 1961 (for short 'the act').so as to decide the entire controvers.afresh, after appraising the revenue records, particularly, the jamabandis from the year 1950 and cwp no.11820 of 2014 -2- documents prepared during consolidation which concluded in the year 1957-58. it is submitted that vide order dated 23.8.2011 (annexure p- 2).the land collector under the act has held that the land measuring 356 kanals 6 marlas is the ownership of the village proprietary body and is not shamlat. against the order dated 23.8.2011 (annexure p2).the gram panchayat, kot kalan (respondent no.3).has filed an appeal before the commissioner under the act, who has vide order dated 24.2.2012 (annexure p-3) stayed the operation of the order dated 23.8.2011 (annexure p-2) of the collector. learned counsel submits that under the garb of the order dated 24.2.2012 (annexure p3).the gram panchayat (respondent no.3) is taking steps to put to auction the land measuring 356 kanals and 6 marlas and dispossess the petitioners.it is also submitted that the division bench of this court vide order dated 21.12.2010 passed in cwp no.4854 of 2005 had directed the parties to maintain status quo as it existed on the said date. the writ petition has been filed in this court as no commissioner under the act was functioning. however, now the commissioner has been posted who has recently joined. an appeal against the order dated 23.8.2011 (annexure p-2) is pending before him. therefore, in the facts and circumstances, it would be just and expedient that the petitioners approach the commissioner under the act and raise their contentions there and till such time, the matter is considered by the commissioner, the parties shall maintain status quo with regard to the land as it existed on 21.12.2010. accordingly, liberty is granted to the petitioners to cwp no.11820 of 2014 -3- approach the commissioner within 10 days from the date of receipt of certified copy of this order for expeditious disposal of the appeal. the writ petition is, accordingly, disposed of. (s.s.saron) judge june 05, 2014 (lisa gill) monika judge verma monika 2014.06.06 16:06 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11820 of 2014 Date of decision: 05.06.2014 Hardyal Singh & ors....Petitioners Versus State of Punjab & ors....Respondents CORAM: HON'BLE Mr.JUSTICE S.S.SARON HON'BLE Ms.JUSTICE LISA GILL Present: Mr.KS Boparai, Advocate for the PetitioneRs.S.S.SARON, J.

Learned counsel for the petitioners contends that land measuring 356 kanals 6 marlas situated in Village Kot Kalan, Tehsil Nabha, District Patiala, was not reserved for common purposes by applying a pro rata cut on the holdings of the proprietors during consolidation operations.

Therefore, the said land never remained under the control and management of the Gram Panchayat, Kot Kalan and the proprietors had been cultivating the land as co-owners being members of the village proprietary body.

It is submitted that the petitioners along with other co-owners earlier filed CWP No.4845 of 2005 in this Court.

The said writ petition vide order dated 21.12.2010 was remanded to the Collector under the Village Common Lands (Regulation) Act, 1961 (for short 'the Act').so as to decide the entire controveRs.afresh, after appraising the revenue records, particularly, the Jamabandis from the year 1950 and CWP No.11820 of 2014 -2- documents prepared during consolidation which concluded in the year 1957-58.

It is submitted that vide order dated 23.8.2011 (Annexure P- 2).the Land Collector under the Act has held that the land measuring 356 kanals 6 marlas is the ownership of the village proprietary body and is not Shamlat.

Against the order dated 23.8.2011 (Annexure P2).the Gram Panchayat, Kot Kalan (respondent No.3).has filed an appeal before the Commissioner under the Act, who has vide order dated 24.2.2012 (Annexure P-3) stayed the operation of the order dated 23.8.2011 (Annexure P-2) of the Collector.

Learned counsel submits that under the garb of the order dated 24.2.2012 (Annexure P3).the Gram Panchayat (respondent No.3) is taking steps to put to auction the land measuring 356 kanals and 6 marlas and dispossess the petitioneRs.It is also submitted that the Division Bench of this Court vide order dated 21.12.2010 passed in CWP No.4854 of 2005 had directed the parties to maintain status quo as it existed on the said date.

The writ petition has been filed in this Court as no Commissioner under the Act was functioning.

However, now the Commissioner has been posted who has recently joined.

An appeal against the order dated 23.8.2011 (Annexure P-2) is pending before him.

Therefore, in the facts and circumstances, it would be just and expedient that the petitioners approach the Commissioner under the Act and raise their contentions there and till such time, the matter is considered by the Commissioner, the parties shall maintain status quo with regard to the land as it existed on 21.12.2010.

Accordingly, liberty is granted to the petitioners to CWP No.11820 of 2014 -3- approach the Commissioner within 10 days from the date of receipt of certified copy of this order for expeditious disposal of the appeal.

The writ petition is, accordingly, disposed of.

(S.S.SARON) JUDGE June 05, 2014 (LISA GILL) monika JUDGE Verma Monika 2014.06.06 16:06 I attest to the accuracy and integrity of this document chandigarh