Jai Singh vs State of Punjab

R.S. Mongia, J. (Oral)

It is not necessary to go into any detailed facts of this case as the only point urged by the counsel for the petitioners is that in an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called the Act), moved by the Gram Panchayat for the ejectment of the petitioners from the land allegedly Shamlat Deh, the Collector should have first decided the question of title as the same had been raised by the petitioners. In other words, the moment the petitioners disputed the title of the Gram Panchayat, the Collector under the Act should have converted the proceedings first under Section 11 of the Act and after having decided the dispute regarding the title of the land, he should have proceeded under Section 7 of the Act.

The Gram Panchayat had moved an application under Section 7 of the Act against the petitioners on 15.9.1979. The petitioners had disputed that the land in dispute was not shamlat land and did not vest in the Gram Panchayat and that the petitioners were the owners of the land in dispute. The Collector had dismissed the application on 27.2.1985 though without deciding the question of title under Section 11 of the Act. The Appellate Authority, however, without even deciding the question of title remanded the case to the Collector for that purpose who accepted the plea of the Gram Panchayat and ordered the ejectment of the petitioners.

There is no dispute on the point that the Authorities under the Act have not decided the question of title under Section 11 of the Act. Since the petitioners had raised a dispute the title of the land, it was incumbent upon the authority under the Act to first question of title under Section 11 of the Act and then proceed to decide the application under Section 7 of the Act.

For the foregoing reasons, I allow this writ petition, quash both the orders of the Collector as well as of the Commissioner dated 27.2.1985 and 27.2.1987 Annexures P3 and P4, respectively and remand the case to the Collector, Patiala respondent No. 3 to first decide the question of title between the parties regarding the land in dispute after affording both the parties opportunity to lead evidence if they so desire and thereafter proceed to decide the application of the Gram Panchayat under Section 7 of the Act. Parties, through their counsel, have been directed to appear before the Collector, Patiala Respondent No. 3 on 10.6.1991. The Collector should make endeavour to dispose of the case as early as possible. There will be no order as to costs.