Baru Ram and others vs State of Haryana and others

Rajive Bhalla, J.—The sole question that arises for adjudication is whether the land in dispute admittedly described as "shamilat patti", is excluded from "shamilat deh" by virtue of Section 2(g)(3) and (v) of the Punjab Village Common Lands (Regulation) Act, 1961. A prima facie, perusal of the revenue record reveals that the land in dispute as "shamilat patti" and its nature is Banjar Kadim/Barani. Land owned by "shamilat patti" vests in a Gram Panchayat, if it is used according to the revenue record for the benefit of the village community or a part thereof or for common purposes of the village.

A perusal of the impugned orders reveals that though the petitioners asserted, that the land is excluded from "shamilat deh" as it is not used for common purpose, the courts below have not recorded any finding on this plea.

Faced with this situation, counsel for Gram Panchayat-Respondent No. 5 states that he has no objection if the matter is remanded to the Commissioner to decide the revision, filed by the petitioners afresh.

In view of above facts and the statement made by counsel for the Gram Panchayat, the writ petition is partly allowed, order dated 26.11.2008 (Annexure P-13) is set aside and the matter is remitted to the Commissioner, Ambala, to decide whether the land which is admittedly "shamilat patti" is excluded from "shamilat deh" in view of Section 2(g)(3) and (v) of the Act. During pendency of the revision petition, dispossession of the petitioners'' shall remain stayed.

Parties are directed to appear before the Commissioner Ambala on 19.4.2012, who shall decide the matter within three months.