Surjan vs Collector, Karnal

Amarjeet Chaudhary, J.

The petitioners who are residents of village Majra Roadan, Tehsil and District Karnal have impugned the orders dated 1.9.1987 and 29.9.1987 passed by Assistant Collector I Grade, Karnal and Collector, Karnal respectively for quashing of the same.

The background of the case leading to the filing of this writ petitioner are that respondent No. 3 Gram Panchayat, Majra Roadan filed an application before respondent No. 2, Assistant Collector 1st Grade, Karnal under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called `the Act'') as applicable in the State of Haryana with a prayer that the Gram Panchayat is the owner of the land measuring 7 kanals 12 merals situated in the abovesaid village. That land is comprised in Khewat No. 139, Khatauni No. 197, Khasra No. 49/15 as per Jamabandi for the year 197778. It was averred in the application that the petitioners were in unauthorised possession of the abovesaid land for the last 1/12 years. As a consequence, it was prayed that the present petitioners be ordered to be ejected from the land in dispute and penalty be also imposed on them for the use and occupation of the land. The petitioners contested the application on the ground that the land in dispute was in possession of the petitioners as owners. They were in possession for the last about 40/50 years. The Assistant Collector Ist Grade, Karnal, respondent No. 2 vide his order dated 1.9.1987 accepted the application moved by the Gram Panchayat and ordered the ejectment of the petitioners. A penalty of Rs. 6840/ at the rate of Rs. 3000/ per annum per hectors was also imposed on them. The copy of the said order is Annexure P1. The petitioners filed an appeal against the order of Assistant Collector Ist Grade, Karnal but the same was also dismissed vide order dated 29.9.1987 of Collector, Karnal copy Annexure P2. The petitioners had impugned the order dated 1.9.1987 on the ground that in view of the proviso to section 7 of the Act, as amended and applicable to the State of Haryana, the Assistant Collector Ist Grade, Karnal in view of the question of title raised ought to have first decided the question of the title by converting the proceeding under section 13A of the Act but the Assistant Collector did not covert the proceedings and passed order Annexure P1. Collector also failed to decided the question of title. Mr. Ashok Singh Chaudhary appearing for the Gram Panchayat contends that there is no dispute that the petitioners were in illegal possession of the land and were liable to be evicted and there is no question of title.

I have perused the paper book and find that the petitioners had raised question of title and in the case in hand the question of title is involved and the authorities have failed to appreciate the same. It was incumbent upon the authorities to have converted the application into section 13A of the Act and have decided the question of title. A Division Bench of this Court in Baba Nihal Gir v. The Commissioner, Ambala Division and others, 1986 PLJ 678 : 1986 R.R.R. 55, held that once question of title raised in proceedings under section 7 of the Act, Authorities under the Act have no jurisdiction to proceed under section 7 till question of title is decided under section 13.

In view of the legal position settled by this Court impugned orders Annexures P1 and P2 are quashed and the case is remanded back to Assistant Collector Ist Grade, Karnal with a direction to convert the proceedings under section 13A of the Act and decide the matter afresh in accordance with law. In view of what has been discussed above, the petitioner is disposed of in the terms discussed above. However, there would be no orders as to costs.