LPA No.1498 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1498 of 2011 Date of decision: 19.12.2011 Ram Kishan & others ….Appellants Vs. Commissioner, Ambala Division, Ambala & others ….Respondents CORAM: HON’BLE MR.JUSTICE HEMANT GUPTA HON’BLE MR.JUSTICE G.S.SANDHAWALIA Present: Mr.Anil Kshetarpal, Advocate for the appellants. HEMANT GUPTA J. (ORAL) The present appeal has been filed under Clause X of the Letters Patent Act. The appeal is against the order passed by the learned Single Judge on 22.07.2010 whereby challenge is to the orders passed by the authorities under Section 13A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, ‘the Act’) remained unsuccessful. The appellants have relied upon the judgment of the civil Court dated 27.07.1970 wherein the claim of the plaintiff claiming the suit property said to be common land was negated. It is argued that in view of the said judgment, the suit filed by the Gram Panchayat could not have been allowed. The learned Single Judge has negated the said argument for the reason that in the said suit, the Gram Panchayat was not impleaded as a party. Learned counsel for the appellants vehemently argued that though the Gram Panchayat is not a party but the members of the Gram Panchayat were impleaded and that the suit was filed in representation LPA No.1498 of 2011 2 capacity, and therefore, the said judgment of the civil Court dated 27.07.1970 is binding upon the Gram Panchayat. We do not find any merit in the said argument. The aforesaid suit was filed by one Kartara, in a representative capacity, claiming that the suit land was reserved and used for the common benefit of the village community. The said claim was negated for the reason that no documentary evidence was produced on record. The said judgment has been rightly excluded from consideration for the reason that the Gram Panchayat was not a party. Such a judgment obtained from a civil Court without production of the documentary evidence is nothing but a collusive effort of the villagers to deprive Gram Panchayat of its title without impleading it as a party. We do not find any irregularity in the orders passed by the learned Single Judge. Dismissed. (HEMANT GUPTA) JUDGE (G.S.SANDHAWALIA) 19.12.2011 JUDGE sailesh