CR No.5371 of 1997 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.5371 of 1997 (O&M) DATE OF DECISION: 30.11.2009 **** Gram Panchayat Migni Khera . . . . Petitioner VS. Balbir and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. R.S. Chahal, Advocate for the petitioner Mr. Vijay S. Kajla, Advocate for respondent No.2 ***** SURYA KANT J. (ORAL) 1) This revision petition has been preferred by the Gram Panchayat Migni Khera, District Hisar challenging the order dated 06.11.1997 passed by the learned Additional District Judge, Hisar, whereby, findings on issue No.5 given by Civil Judge (Junior Division), Hisar vide his order dated 31.03.1997 to the effect that the Civil Court has got no jurisdiction to try the suit, have been set aside and it has been held that the Civil Suit is maintainable. 2) The controversy has arisen out of a matter pertaining to the ownership rights over the land claimed by the Gram Panchayat to be shamlat deh. 3) Learned counsel for the respondent-plaintiff No.2 and states at the bar that they may be permitted to withdraw the civil suit CR No.5371 of 1997 - 2 - with liberty to institute a fresh suit under the Punjab Village Common Lands Act, 1961 as applicable to the State of Haryana. 4) Otherwise also, the above-mentioned suit is the correct legal remedy available to the respondent-plaintiffs. 5) In this view of the matter, the revision petition is allowed; impugned order dated 06.11.1997 passed by learned Additional District Judge, Hisar is hereby set aside and the order dated 31.03.1997 passed by the Civil Judge (Junior Division), Hisar is restored, subject to the liberty to the respondent-plaintiffs to institute fresh proceedings under the Act of 1961. 6) Dasti. (SURYA KANT) JUDGE 30.11.2009 vishal shonkar