C.W.P.No. 14194 of 1990 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 14194 of 1990 Date of Decision:- 29.10.2010 Municipal Corporation,Ludhiana Petitioner. VERSUS Munsha Singh and others Respondents. CORAM : HON'BLE Ms. JUSTICE RITU BAHRI. Present: Mr.Harsh Aggarwal, Advocate, for the petitioner. Mr.G.S.Punia, Advocate, for the respondent(s). 1. To be referred to the Reporters or not ? 2. Whether the judgment should be reported in the Digest ? RITU BAHRI,J. The petitioner has filed the writ petition under Articles 226/227 of the Constitution of India challenging the order dated 23.05.1986 (Annexure P-3) and order dated 28.4.1987 (Annexure P-6) passed by respondents No.4 and 5 under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as “the Act”). C.W.P.No. 14194 of 1990 2 Respondents No. 1 to 4 filed a civil suit (No.19/337/167 of 1973) in the Court of Sub Judge Ist Class, Ludhiana, for permanent injunction restraining the defendants from dispossessing the plaintiffs- respondents from the land measuring 8 Kanals comprised in Khewat No. 225, Khatauni No. 303, entered in the jamabandi for the year 1968-69 situated in the revenue estate of Giaspura, H.B.No. 261, Tehsil and District Ludhiana. The suit was decreed by Sub Judge Ist Class, Ludhiana, vide his order dated 10.2.1975. However, the plaintiffs were not held to be owners of the land. The respondents filed an appeal against this order and the same was dismissed by the Additional District Judge, Ludhiana vide his order dated 7.12.1979 (Annexure P-9). Accordingly, respondents No.1 to 4 filed an application under Section 11 of the Act before the Collector (DDPO, Ludhiana), who vide his order dated 23.5.1986 (Annexure P-3) held that this land was not shamlat deh. The possession of the petitioners has been proved for the period prior to 26.1.1950 and, therefore, the petitioners were held to be owners in possession of the land mentioned in para No.1 of the petition. This C.W.P.No. 14194 of 1990 3 order was challenged in appeal before the Joint Director, Panchayats, Punjab, (Exercising the powers of Commissioner under the Act), who dismissed the appeal vide his order dated 28.4.1987 (Annexure P-6) on the ground of jurisdiction. Mr.Harsh Aggarwal, appearing for the petitioner and Mr.G.S.Punia, appearing for the respondents have placed on record the judgment passed in Municipal Corporation, Amritsar Vs. Jaswant Singh and others, R.S.A.No. 3256 of 1986 decided on 12.1.2004. The issue before the Court was that after the land has been transferred to the Municipal Corporation, whether the jurisdiction of the Civil Court is barred under Section 13 of the Act or not? The learned Single Judge has held that whether the land is shamlat deh or not, is required to be adjudicated upon by the authority in exercise of the jurisdiction conferred under Section 11 of the Act. The learned Single Judge has placed reliance on a Supreme Court Judgment in Ram Singh and others Vs. Gram Panchayat Mehal Kalan and others, 1986 PLJ 636 where held as under:- “ It is no doubt true that the plaintiffs who claimed to be the owners along with some C.W.P.No. 14194 of 1990 4 others of the suit land had avoided to seek a declaration that the suit land was not shamlat deh. They had, however, questioned the correctness of the entries in the revenue records which showed that the Panchayat was entitled to the suit land. The plaintiffs cannot be drawing their plaint cleverly by not claiming a declaration that the land in question was snot shamlat deh confer jurisdiction on the civil court when by virtue of Section 13 of the Act the jurisdiction of the Cilvil Courts to try such suits had been taken away. In the instant case the suit had been filed against the Panchayat and the Panchayat had expressly claimed that the land in question belonged to it as shamlat deh. It will not be possible in the circumstances for the civil Court to make a declaration in favour of the plaintiffs without deciding the question whether the property in question was shamlat deh or not and whether it belonged to the Panchayat or not .....” In view of the above, writ petition is allowed. Order dated 28.4.1987 (Annexure P-6) is set aside and the C.W.P.No. 14194 of 1990 5 matter is remanded back to the Joint Director, Panchayats, Punjab, (Exercising the powers of Commissioner) to decide the appeal afresh after giving due notice to the parties. (RITU BAHRI) JUDGE 29.10.2010 Anoop