R.S.A. No. 378 of 2011(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 378 of 2011 (O&M) Date of Decision: April 7, 2011 Rajbir and others …..Appellants Vs. Municipal Corporation etc. …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.O.P. Goyal, Sr. Advocate with Ms. Shilpa Sahi, Advocate for the appellants. -.- M.M.S. BEDI, J. (ORAL) After hearing counsel for the plaintiff- appellants at length, it transpires that the controversy which is required to be determined between the plaintiff- petitioners and the defendant- respondents is whether the suit land was vested reserved for common purposes or it earlier vested in Gram Panchayat being shamlat. The civil Court does not have any jurisdiction to determine whether the land in dispute vests in Gram Panchayat and subsequently in Municipal Corporation. R.S.A. No. 378 of 2011(O&M) [2] Counsel for the plaintiff- appellants has submitted that the plaint should have been returned by the trial Court to be presented before the appropriate forum having jurisdiction. Taking into consideration the plea of the plaintiff- appellants, the plaintiffs are permitted to withdraw their suit and approach the competent forum for adjudication of their rights vis-à-vis the rights of Gram Panchayat of Village Uchna Gaon now included in the Municipal Corporation (defendant- respondents). Without expression of any opinion regarding the maintainability of any other provision it is observed that in case the appellants approach the appropriate forum for adjudication of their rights, the judgment and decree passed by the civil Court will not, in any manner, prejudice their rights. Dismissed. April 7, 2011 (M.M.S.BEDI) sanjay JUDGE