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High Courts(1987) 02 P&H CK 0027

Jarnail Singh and another vs Gram Sabha of Village Sarabha and others

Punjab And Haryana At Chandigarh · Decided on 18 February 1987 · Citation: (1987) 2 CurLJ 61 : (1987) PLJ 175 : (1987) 2 PLR 459 : (1987) RRR 308

HON’BLE JUDGES
Ujagar Singh, J
CASE NUMBER
Regular Second Appeal No. 929 of 1978

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Judgment

6 paragraphs · 368 words

Ujagar Singh, J.

1.

This appeal arises out of a suit filed by the appellants for injunction restraining defendantrespondents from constructing drain through the disputed property. The appellants claimed that the drain sought to be constructed passed through their house and in the written statement filed by the defendants it was claimed that the drain was constructed on the property of the Panchayat. The trial Court decreed the suit but the lower appellate Court holding that the matter was within the competency of the Gram Sabha through its Gram Panchayat and, therefore, the suit was barred under Section 104 of the Punjab Gram Panchayat Act, set aside the judgment and decree of the trial Court and allowing the appeal dismissed the suit of the plaintiffappellants.

2.

The controversy in the suit is whether the site where the drain was sought to be constructed vests or does not vest in the Panchayat under the Punjab Village Common Lands (Regulation) Act, 1961 and jurisdiction of the Civil Court is barred in respect of such matters under Section 13 of the said Act. Section 13 of the Act reads as under:

"Bar of jurisdiction Civil Courts (a) No Civil Court shall have jurisdiction to entertain or adjudicate upon any question whether any property or any right to or interest in any property is or is not shamlat deh vested or deemed to have been vested in a Panchayat under this Act; or (b) to question the legality of any action taken by the Commissioner or the Collector or the Panchayat under this Act; or (c) In respect of any matter which the Commissioner or the Collector is empowered by or under this Act to determine".

Section 11 of the said Act empowers the Collector to decide such claims.

3.

In view of the said provision, the Civil Court has no jurisdiction to go into the present controversy. The judgments and the decrees of the Courts below are set aside and the plaint is directed to be returned to the plaintiffappellants for presentation before the Collector having jurisdiction. This appeal is, therefore, decided accordingly. Documents, if any, produced by the appellants are directed to be returned to them along with the plaint.