CWP No.4182 of 1991 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 4182 of 1991 (O&M) Date of decision:23.2.2011 Gram Panchayat Chhajal Majra …..Petitioner vs. The Commissioner, Ambala Division, Ambala and ors …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Jaswant Jain, Advocate for the petitioner Mr. K.C. Bhatia, Addl. AG, Haryana for respondents No. 1 to 3. HEMANT GUPTA, J Challenge in the present writ petition is to the order passed by learned Collector on 27.10.1987 (Annexure P-2) in exercise of the powers under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the ‘Act’) and the order in revision passed by learned Commissioner on 11.5.1988 (Annexure P-3) dismissing the suit filed by the petitioner under Section 13-A of the Act with regard to Khewat Khatuni No. 23/78 Khasra No. 26/2 min, 35 and 36 min. The authorities under the Act have returned a finding that the Gram Panchayat has not led any evidence in respect of the aforesaid land being vested in Gram Panchayat. The petitioner relied upon the Jamabandi for the year 1957-58 wherein, in the column of ownership, the land has been shown to be Mustarka Malkan and in the cultivation of Rafai-e-am. Such land is described as gairmumkin school. During the consolidation, two khewats of land were reserved for education purpose. In subsequent Jamabandies for the years 1962-63 and 1984-85, one Ruldu is reflected to be in possession of the said land though it was owned by Mustarka Malkan. The reasoning given by the authorities under the Act in respect of the aforesaid land in the present writ petition is not correct. The 1 CWP No.4182 of 1991 challenge to the aforesaid orders at the instance of the private respondents herein has been negated vide a separate order of even date passed in CWP No. 3182 of 1988. It has been found in the aforesaid writ petition that the said land was reserved for common purposes during the consolidation scheme the management of which vested with Panchayat. Therefore, in terms of Full Bench judgment of this Court in 2003(3) PLR 658 Jai Singh vs. State of Haryana, such land vests with the Panchayat For the reasons recorded in the aforesaid judgment, the land comprising in Khewat Khatuni No. 23/78 Khasra No. 26/2 min, 35 and 36 min also vests with the Panchayat being the Shamlat Deh. Consequently, the present petition is allowed and the occupants of the aforesaid land are ordered to be evicted as the same vests with Gram Panchayat. (HEMANT GUPTA) JUDGE 23.2.2011 preeti 2