Balwant Singh and Others vs Commissioner, Gurgaon Division

Hemant Gupta, J.—Challenge in the present writ petition is to an order dated 13.1.1995 passed by Commissioner, Gurgaon Division, Gurgaon allowing the revision filed by Gram Panchayat, Partal holding that the land is vested in Shamlat deh, which has wrongly been transferred in the name of custodian department. A perusal of the record shows that Gram Panchayat, Partal filed a suit for declaration that land comprising in Khewat No. 482, Khatoni No. 743 measuring 2668 Kanals 04 Marlas situated in the area of village Partal, Tehsil and District Mahendergarh is shamlat deh and vests in Panchayat. In the said suit, a finding was returned that 3/4th of the share of land is owned by custodian department and remaining 1/4th share owned by the proprietors of that land (Gram Panchayat Dhana). Such order was maintained in appeal by the Collector on 04.03.1993. However, the Commissioner has set aside the same on 13.01.1995 relying upon the Supreme Court judgment reported as Gram Panchayat of Village Jamalpur Vs. Malwinder Singh and Others, to hold that the Gram Panchayat is owner even in respect of share of Muslims in the shamlat land.

The said order of the learned Commissioner is in fact based upon misreading of the order of the Supreme Court. In the aforesaid judgment, it has been held that the share of Muslims in shamlat land would vest in custodian.

On 11.01.1996, in the present writ petition, this Court passed an order restraining the respondents from interfering to the extent of 1/4th share in the land in dispute of village Dhana, Tehsil & District Mohindergarh. It was also ordered that if any suit is filed raising a question to title, such suit shall be transferred to this Court for hearing alongwith the present writ petition. In terms of the said order, Civil Suit No. 584 dated 20.05.1995 and Civil Suit No. 178 dated 04.04.1996, wherein the plaintiffs have claimed title over the land in question, stand transferred to this Court.

A perusal of the writ petition shows that Village Partal and Village Dhana were two villages prior to partition of the country, but have common hadbast. The total population of Village Partal was of Muslims, whereas the total population of village Dhana was of Hindus. The total Muslim population of village Partal left for Pakistan and the allottees were settled on the said land. It is pointed out that at the asking of custodian department, mutation of 3/4th share of land was sanctioned in its favour after the judgment of the Supreme Court. It has been also pointed out that in the year 1976, two Gram Panchayats were carved out i.e. Gram Panchayat Partal and Gram Panchayat Dhana. On 24.08.1985, Gram Panchayat Partal filed a suit claiming title over the entire land measuring 2668 kanals and 4 marlas under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ''the Act'') by asserting that the property vests in Panchayat and also challenged the mutation sanctioned in favour of the Rehabilitation Department. The grievance of the petitioners is that in the said suit, Gram Panchayat Dhana was not impleaded as a party and that the land does not vest in the Rehabilitation Department.

We find that Gram Panchayat Dhana was a necessary and proper party in a suit, wherein title of land measuring 2668 kanals 4 marlas was sought. Since the share of Muslims is said to be vesting in custodian, the said issue can also be decided only after impleading the custodian department as well. In view thereof, the orders passed by the Assistant Collector; the Collector and the Commissioner dated 04.04.1989, 04.03.1993 & 13.01.1995 respectively, are set aside and the matter is remitted back to the Collector to decide the question of title in terms of Section 13-A of the Act after impleading the Central Government as well as the Gram Panchayat Dhana. However, the objection, whether the Collector under the Act will have jurisdiction to entertain such a suit in respect of land vesting in custodian may be raised and decided by the Collector in accordance with law. The Collector shall also implead the vendees, if any, from the Central Government or from the Gram Panchayats Partal & Dhana, as necessary and proper parties to the suit. The civil suits including the civil suit filed by the Gram Panchayat Dhana are also ordered to be entrusted to the Collector, Mohindergarh to decide the question of title alongwith the suit filed by the Gram Panchayat, Partal.

Disposed of accordingly.