Case: PATRAM Vs. GRAM PANCHAYAT KATWAR &amp; ORS

sub-clause (v) of clause (5) of Section 2(g). We must understand what is meant by the terms taraf, patti, panna and thola. To understand this distinction, one must also understand what is shamilat deh land. The word shamilat basically means held in joint possession and undivided lands which are part and parcel of a village. When these lands are held commonly by a village proprietary body, they are described as shamilat deh land. 9. Taraf, patti, panna and thola are different terms but have a common strain or similarity running through them. These descriptions are of land of a group of villagers based on clan, caste, sect, area, etc. In British India, the village was divided into different pattis/sections based upon caste, religion, occupation, etc. of the persons residing in the village. Patti is described as division of land into separate portions or strips in a village. These locations are known as pattis. After independence since the caste system has been constitutionally abolished, these classifications refer to different hamlets/clusters where villagers reside in groups irrespective of their caste. This may be true in law but not in fact, because unfortunately even today, in most villages, ghettoization continues and the people of different communities, castes and religions live in their earmarked areas or pattis. Patti is basically, therefore, a small division of the village. The terms taraf, panna and thola may be different but are akin to patti and also deal with community of villagers residing separately. Therefore, they have virtually the same meaning. 10. If we accept that there is virtually no difference between taraf, patti, panna and thola then the task of interpretation becomes much easier. It is also apparent that a patti can normally be created out of the shamilat land only when a group of people enjoy some portion of the land out of the bigger common shareholding that is a patti. The definition of shamilat deh in Section 2(g) of the Act includes all lands descried as shamilat deh or charand excluding abadi land. In clause (3) of Section 2(g) there is a comma after the word shamilat whereas such comma is missing in sub-clause (v) of clause (5) of Section 2(g). We are of the view that there seems to be an error rather than a deliberate non-use of the comma. We are of this view because clause (3) provides that land described as shamilat, tarafs, patties pannas and tholas, are to be treated as shamilat deh land only if they are used for the common purpose of the village. This clearly implies that if the land described as shamilat, taraf, patti, panna and thola were not being used for the common purpose, it would not fall within the meaning of shamilat deh. 11. Clause (v) is the negative portion of the definition which provides that certain lands will not be treated as shamilat deh and these are those land which have described as shamilat, taraf, patti, panna and thola in the revenue record and not used according to the revenue record for the benefit of the village community or a part thereof or for the common purpose of the village. In our view, the absence of the comma after the word shamilat is not of any great significance. In fact, it appears that the comma has been left out by mistake. We may also note that we find that in various publications, there is a comma between the words shamilat and taraf. However, there is no comma in the official publication in the Gazette notification. Keeping in view, what we have held above, it appears to us that the absence of a comma is a mistake and in fact according to us, a comma should be read after shamilat and before taraf in the latter part of the section also. The word shamilat has to be read with all four- taraf, patti, panna and thola. A land can be shamilat deh only if it is shamilat taraf, shamilat patti, shamilat panna, or shamilat thola. In case the word shamilat is missing from any of these four terms, then the land cannot be said to be belonging to a group of people and could never become shamilat deh land. 12. The purpose of the section which defines shamilat deh is that the land described as shamilat, taraf, patti, panna and thola not used for the benefit of the village community will not be treated as shamilat deh. Clause (3) of Section 2(g) is identical. The purpose is that the land which is described in revenue records as shamilat, taraf, patti, panna and thola and used for the benefit of the entire village community or a part thereof only would vest in the village proprietary body. The words part thereof have been used with a specific purpose in the background of the meaning of patti which we have dealt with in detail above. Even if the land is being utilised for the common purpose of the inhabitants of that taraf, patti, panna and thola, it would be shamilat deh even if it is not used for the benefit of the entire village. However, if the land is not used either for the benefit of the entire village or for the part of the village community which comprises the patti then the land, in our opinion, cannot be said to be shamilat deh land within the meaning of Section 2(g). 13. From the revenue records produced, we find that the land has been shown as Shamlat Patti Dhera & Khubi. Dhera & Khubi are the ancestors of the appellant(s). The possession is shown as that of proprietors/self-cultivators and an entry was made in favour of the Panchayat Deh in 1987-1988. The land was always shown to be Shamlat Patti Dhera & Khubi and in the cultivation of the appellant(s) or his ancestors. Moreover, the land was never shown to be used for the benefit of the entire village community or even for a part of the community.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]10. If we accept that there is virtually no difference between taraf, patti, panna and thola then the task of interpretation becomes much easier. It is also apparent that a patti can normally be created out of the shamilat land only when a group of people enjoy some portion of the land out of the bigger common shareholding that is a patti. The definition of shamilat deh in Section 2(g) of the Act includes all lands descried as shamilat deh or charand excluding abadi land. In clause (3) of Section 2(g) there is a comma after the word shamilat whereas such comma is missing in sub-clause (v) of clause (5) of Section 2(g). We are of the view that there seems to be an error rather than a deliberate non-use of the comma. We are of this view because clause (3) provides that land described as shamilat, tarafs, patties pannas and tholas, are to be treated as shamilat deh land only if they are used for the common purpose of the village. This clearly implies that if the land described as shamilat, taraf, patti, panna and thola were not being used for the common purpose, it would not fall within the meaning of shamilat deh11. Clause (v) is the negative portion of the definition which provides that certain lands will not be treated as shamilat deh and these are those land which have described as shamilat, taraf, patti, panna and thola in the revenue record and not used according to the revenue record for the benefit of the village community or a part thereof or for the common purpose of the village. In our view, the absence of the comma after the word shamilat is not of any great significance. In fact, it appears that the comma has been left out by mistake. We may also note that we find that in various publications, there is a comma between the words shamilat and taraf. However, there is no comma in the official publication in the Gazette notification. Keeping in view, what we have held above, it appears to us that the absence of a comma is a mistake and in fact according to us, a comma should be read after shamilat and before taraf in the latter part of the section also. The word shamilat has to be read with all four- taraf, patti, panna and thola. A land can be shamilat deh only if it is shamilat taraf, shamilat patti, shamilat panna, or shamilat thola. In case the word shamilat is missing from any of these four terms, then the land cannot be said to be belonging to a group of people and could never become shamilat deh land12. The purpose of the section which defines shamilat deh is that the land described as shamilat, taraf, patti, panna and thola not used for the benefit of the village community will not be treated as shamilat deh. Clause (3) of Section 2(g) is identical. The purpose is that the land which is described in revenue records as shamilat, taraf, patti, panna and thola and used for the benefit of the entire village community or a part thereof only would vest in the village proprietary body. The words part thereof have been used with a specific purpose in the background of the meaning of patti which we have dealt with in detail above. Even if the land is being utilised for the common purpose of the inhabitants of that taraf, patti, panna and thola, it would be shamilat deh even if it is not used for the benefit of the entire village. However, if the land is not used either for the benefit of the entire village or for the part of the village community which comprises the patti then the land, in our opinion, cannot be said to be shamilat deh land within the meaning of Section 2(g)13. From the revenue records produced, we find that the land has been shown as Shamlat Patti Dhera & Khubi. Dhera & Khubi are the ancestors of the appellant(s). The possession is shown as that of proprietors/self-cultivators and an entry was made in favour of the Panchayat Deh in 1987-1988. The land was always shown to be Shamlat Patti Dhera & Khubi and in the cultivation of the appellant(s) or his ancestors. Moreover, the land was never shown to be used for the benefit of the entire village community or even for a part of the community.