Gurbachan Singh and Another vs Gram Panchayat and Others

This litigation has had a chequered history; the dispute confining to jurisdiction. The High Court has taken the view that the civil suit did not lie and that an application u/s 11 of the Punjab Village Common Lands (Regulation) Act, 1961 will lie before the Collector of the district. In our view, the High Court was right in coming to that view especially when a question of title has been raised and Section 13 of the said Act puts a bar to the civil court determining that question. We, therefore, dispose of this appeal in letting the appellants approach the Court of the Collector u/s 11 of the said Act.

Under interim orders of this Court dated 27-11-1990 the appellants were required to deposit a sum of Rs 100 p.m. regularly. In terms of that order, the said sum was required to be depositedan the District Court. The sum thus collected be handed over to the respondent Gram Panchayat. This order would not, however, preclude the appellants from obtaining interim orders from the Collector when proceeding u/s 11 of the Act. In this manner, the appeal stands disposed of. No costs.