Gram Panchayat Chalela and Another vs The Director, Consolidation of holdings and Others

S.S. Nijjar, J.—The petitioner Gram Panchayat has filed this writ petition under Articles 226/227 of the Constitution of India for a writ in the nature of certiorari quashing impugned order dated 4.9.1985 (Annexure P-2) passed by respondent No. 1. Vide aforesaid order, Director Consolidation of Holdings, Punjab has directed the Consolidation Officer to partition the share of each share-holder as per "Hasab Rasad Zar Khewat". The petitioner states that consolidation proceedings in the village Chalela started in the year 1956. The scheme was prepared, published and confirmed u/s 20 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as ''the Consolidation Act''), Before consolidation, land measuring 4328 Bighas 15 biswas in Khewat No. 200 (as per jamabandi for the year 1953-54) was shown as Shamlat Deh. After consolidation, the aforesaid land was given on lease by the petitioner Gram Panchayat to various persons. At the time of filing of the present petition, possession of some parts of the land has been illegally taken by the right holders as tenant. The land in dispute was mutated in the name of the Gram Panchayat as Shamlat Deh vide mutation No. 1283 dated 16.7.1956. Further entries in the jamabandi for the year 1981-82 also show the land in dispute in Khewat No. 229 Khatauni No. 418 to 550 as ownership of Nagar Panchayat Deh in Column No.4 of the Jamabandi. As noticed earlier, Gram Panchayat has been leasing on chakota large area of the shamlat land to various tenants. The Gram Panchayat had also initiated proceedings u/s 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred as ''the Act'') seeking eviction of the illegal occupants of the land. The Scheme of consolidation and repartition had been fully acted upon. The land is said to be covered u/s 2(g) of the Act. The question of title according to the petitioner with regard to shamlat deh land can only be determined by the Collector u/s 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred as ''the Regulation Act'') and cannot be determined by the Director u/s 42 of the Consolidation Act.

It is submitted by Mr. Gurcharan Singh that the order passed by Director Annexure P-2 u/s 42 of the Consolidation Act is wholly without jurisdiction.

Mr. Onkar Rai appearing for the respondents, however, submitted that in the jamabandi for the year 1953, the land has been entered as "Hasab Rasad Zar Khewat", therefore, the Director had rightly entertained the petition u/s 42 of the Consolidation Act.

I have considered the submissions made by the learned counsel for the parties.

I am of the considered opinion that the matter herein so no longer resintegra. The Supreme Court in the case of Gram Panchayat, Nurpur Vs. State of Punjab and Others, considered the question of jurisdiction of the consolidation authorities with regard to the land which fell within the definition of Shamlat Deh. It has been held that in such circumstances, the Additional Director, Consolidation had no authority to go into the question whether the land in dispute was shamlat deh or not. The question could only be determined u/s 11 of the Regulation Act and the matter was thereafter remanded back to the Collector for decision in accordance with law.

In view of the law laid down by the Supreme Court, the present petition has to be allowed. Accordingly, the present petition is allowed. Impugned order Annexure P-2 is quashed and set aside. The matter is remanded back to Collector, District Patiala to take a decision in accordance with law under the Regulation Act. Parties are directed to appear before Collector on 26.4.2004.