Prem Singh vs State of Haryana

RA-CW-278-2014

The applicant has sought review of the order dated 21.04.2014, inter alia, on the ground that even though the matter has been remanded twice by this Court but on each occasion the Commissioner has failed to comply with the directions of this Court and that the Commissioner has passed an order in open Court but the same could not have been modified except in respect of clerical mistake.

We have heard petitioner and Mr. Sharma and find that there is no error apparent on record which may warrant review of the order.

The challenge in the writ petition is to an order dated 30.01.2013. The learned Commissioner was deciding the revision in proceedings u/s 13A of the Punjab Village Common Lands (Regulation) Act, 1961. In such proceedings, the authorities are required to decide question of title it being an authority substituted to decide the questions of title but the finding recorded is that Gram Panchayat and the respondent failed to prove their area of ownership. Since there is no categorical finding in respect of ownership either of Gram Panchayat or the present petitioners, therefore, the counsel for the present petitioners rightly consented for setting aside of the order passed by the Commissioner.

The order of remand was passed on the consent of the counsel for the parties. Therefore, we do not find any error apparent on record which may warrant review of the order dated 21.04.2014.

CM No. 6454 of 2014

The application is for correction of the order dated 21.04.2014. It is pointed out that in fact the petitioners in CWP No. 27840 of 2013 are not in possession of the land in question, whereas, a reading of the order shows that such fact is not in issue. Mr. Prem Singh and his son Mr. Narinder Kumar, present in the Court, admit that they are not in possession of the land in question.

Therefore, the order needs to be corrected to read as under:-

This order shall dispose of CWP Nos. 26310, 26314, 26330, 26335, 26336, 26337 and 26512 of 2013 filed by Panchayat and CWP No. 27840 of 2013 filed by the persons alleged to be in occupation against the common order of the Commissioner, Rohtak Division, Rohtak dated 30.01.2013. Vide the said order, the Commissioner has passed an order deciding proceedings u/s 13A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ''the Act'') holding that the Panchayat and the alleged occupants both have failed to prove their ownership.

In these writ petitions preferred against the order passed by the Commissioner, the learned counsel for the parties agree that the findings recorded by the Commissioner are not sustainable as the question of title has to be finally decided in proceedings u/s 13-A of the Act and cannot be left undecided.

In view of the said fact, the order passed by the Commissioner on 30.1.2013 is set aside and the cases are remitted to the Commissioner to decide question of title on the basis of documents on record or the such other documents, which the Commissioner may permit the parties to produce on record after recording a categorical finding in respect of ownership of the land in question.

The Commissioner shall take steps for expeditious disposal of the cases preferably within a period of 6 months in accordance with law. The parties through their counsels are directed to appear before the Commissioner on 20.05.2014.

Disposed of.

The application stands disposed of.