Gram Panchayat Pali vs Munshi Singh and Others

J.V. Gupta, J.—This order will dispose of Regular Second Appeals Nog. 459 and 460 of 1977, as the question involved is common in both the appeals.

The Gram Panchayat Pali filed two suits on the allegations that the suit land belonged to the Plaintiff Gram Sabha and that it legally vested in it under the Punjab Village Common Lands (Regulation) Act, 1961, (hereinafter referred to as the principal Act) Since the Defendants were in illegal possession thereof; hence the present suit. The suits were conteted on the grounds that the Gram Sabha had no concern with the suit land and that Defendants were the owners thereof. The trial Court vide order dated February 15, 1975, transferred the case to the Assistant Collector, First Grade, Mohindergarh, for further proceedings in view of the Haryana Government notification No 40 leg/74 according to which, the civil Court had no jurisdiction to entertain or to adjudicate upon any question as to whether any land or other immovable property or any right or interest in such land or other immovable property vests or does not vest in the Gram Panchayat under the principal Act. Surprisingly enough, the learned Assistant Collector transferred the case to the learned Subordinate Judge vide detailed order dated July 22, 1975. According to the learned Assistant Collector, the case was not covered by Section 13B as substituted by Section 5 of the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1974. Ultimately, the trial Court dismissed the Plaintiff''s suits on merits. In appeal, the judgments and decrees of the trial Court dismissing the Plaintiffs'' suits were maintained. Dissatisfied with the same, they have come up in second appeals to this Court.

During the pendency of these appeals, the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1980 Haryana Act No. 2 of 1981) came into force and by virtue of Section 4 of this amendment Act, Section 13 of the principal Act was substituted. It reads:-

Substitution of Section 13 of Punjab Act 18 of 1961--For

Section 13 of the principal Act, the following section shall be substituted and shall be deemed to have been substituted with effect for the 4th day of May, 1961, namely:-

''13. Bar of jurisdiction.--No Civil Court shall have jurisdiction.--

(a) to entertain or adjudicate upon any question whether--

(i) any land or other immovable property is or is not Shamilatdeh. (ii) any land or other immovable property or any right, title or interest in such land or ether immovable property vests or does not vest in a Panchayat under this Act;

(b) in respect of any matter which any revenue Court, officer or authority is empowered by or under this Act to determine; or

(c) to question the legality of any action taken or matter decided by any revenue Court, officer or authority empowered to do so under this Act

After the substitution of Section 13 of the principal Act by the above-mention Haryana Amendment Act, Inter alia the constitutional validity of the aforesaid substituted Section 13 of the principal Act came up for consideration in this Court before the Division Bench and is reported as Barjinder Singh v. The Assistant Collector, 1st Grade, Ghula 1983 Cur. L J. 208. Therein the prospective operation thereof was not challenged, and at such no opinion was expressed thereon In the above-said case besides challenging, inter alia, the constitutionality of Section 13 as inserted by afore mentioned Haryana Amendment Act, 1986, the factual matrix, noticed therein was whether the land in dispute was Shamilat deh or not. It is not disputed that such is the position in the present case also.

In this view of the matter, both the appeals succeed and are allowed. The judgments and decrees of the Courts below are set aside and the plaints are ordered to be returned to the Plaintiffs to enable them to seek their remedies in accordance with law. There will be no order as to costs.