CR No.2948 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR No.2948 of 2008 Date of Decision: 9.9.2009 Gram Panchayat .....Petitioner Vs. Tarlochan Singh and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Narender Hooda, Advocate for the petitioner. Mr. Bhag Singh, Advocate for the respondents. .... RAJIVE BHALLA, J (Oral) The petitioner-Gram Panchayat challenges the order dated 7.5.2008, passed by the Additional District Judge, Ambala, restraining the Gram Panchayat from leasing out the suit property. Counsel for the petitioner states that the suit, as framed is not maintainable, as in essence, the plaintiffs/respondents seek a declaration that the suit property does not vest in the Gram Panchayat. It is submitted that in view of the provisions of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as `the Act') as applicable to the State of Haryana, such a declaration can only be granted by a Collector, exercising jurisdiction under Section 13-A of the aforementioned enactment. It is further submitted that as the revenue record records the Gram Panchayat as owner in possession and as the Gram CR No.2948 of 2008 2 Panchayat has already filed a suit for declaration of its title before the Collector, Ambala, the order passed by the Additional District Judge, Ambala, be set aside and the trial court be directed to consider the question, whether the suit is maintainable or not. It is further submitted that as the Gram Panchayat has been leasing out this property for the last 40 years, the injunction, granted by the appellate court has in essence, decreed the suit in favour of the respondents and deprived the Gram Panchayat of its land. Counsel for the respondents, however, submits that as the land was never reserved for common purposes, the plaintiffs and other proprietors are owners in possession and, therefore, the appellate court has rightly restrained the Gram Panchayat from leasing out the land. I have heard learned counsel for the parties and perused the impugned order. The respondents have filed a suit for grant of an injunction to restrain the Gram Panchayat from claiming any right, title or interest in the suit land or leasing it out or dealing with it in any manner. Inherent in these pleas is a prayer for adjudication of the question of ownership. Section 13 of the Act reads as follows :- “13. Bar of jurisdiction – No civil court shall have jurisdiction - (a) to entertain or adjudicate upon any question whether - (i)any land or other immovable property is or is not shamlat deh : (ii)any land or other immovable property or any right, title or interest in such land or other immovable CR No.2948 of 2008 3 property vests or does not vest in a Panchayat under this Act - (b) in respect of any matter which any revenue court, officer or authority is empowered by or under this Act to determine ; or (c ) to question the legality of any action taken or matter decided by any revenue court, officer or authority empowered to do so under this Act.” Section 13-A of the Act reads as follows :- 13-A. Adjudication – (1) Any person or in the case of a Panchayat either the Panchayat or its Gram Sachiv, the concerned Block Development and Panchayat Officer, Social Education and Panchayat Officer or any other officer duly authorised by the State Government in this behalf, claiming right, title or interest in any land or other immovable property vested or deemed to have been vested in the Panchayat under this Act, may file a suit for adjudication, whether such land or other immovable property is shamlat deh or not and whether any land or other immovable property or any right, title or interest the rein vests or does not vest in a Panchayat at under this Act, in the court of the Collector, having jurisdiction in the area wherein such land or other immovable property is situated : Provided that no suit shall lie under this section in respect of the land or other immovable property, which is CR No.2948 of 2008 4 or has been the subject matter of the proceedings under Section 7 of this Act under which the question of title has been raised and decided or under adjudication. (2) The procedure for deciding the suits under sub- section (1) shall be same as laid down in the Code of Civil Procedure, 1908 (Act 5 of 1908).” A conjoint appraisal of Sections 13 and 13-A leaves no manner of doubt that if any dispute arises, as to the vesting or not of any land, in a Gram Panchayat, such a dispute can only be adjudicated by a Collector exercising jurisdiction under the Act. The jurisdiction of a civil court to entertain such a dispute is explicitly barred by Section 13 of the Act. It would be necessary to mention here that the trial court dismissed the application for grant of an injunction, whereas the appellate court has granted an injunction. The first appellate court has disregarded the provisions of Section 13 and 13-A of the Act and despite recording a finding that the Gram Panchayat has been leasing out the suit land for the last 40 years, proceeded to grant an injunction against the Gram Panchayat. These facts apart, the first appellate court had no jurisdiction to injunct the Gram Panchayat from leasing out the land, as its order has, in essence, deprived the Gram Panchayat of its property, despite the unequivocal bar contained in Section 13 of the Act. In this view of the matter, the revision petition is allowed and the order dated 7.5.2008, passed by the Additional District Judge, Ambala, is set aside. It is, however, directed that in case, the Gram Panchayat leases out the suit land, it would furnish duly certified accounts of its income and CR No.2948 of 2008 5 expenditure to the Collector, Ambala, where the suit with respect to title is stated to be pending. The petitioner would be at liberty to file an appropriate application, calling upon the trial court to decide the question of its jurisdiction. 9.9.2009 (RAJIVE BHALLA) GS JUDGE