Case: Devinder Singh  Vs. State Of Haryana

Appellants filed suit for declaration on 7.9.1991 to the effect that they are the owners in possession of share of the land measuring 155 kanals 4 marlas as per jamabandi for the year 1983-84 situated in village Kairanwali, Tehsil and District Sirsa and the order of allotment and declaration of surplus area so far as the said land is concerned are ineffective, inoperative and against the principles of natural justice, null and void and as such not binding on the rights of the plaintiffs. The suit was decreed by learned Senior Sub Judge, Sirsa in Civil Suit No.1054 of 1989. Respondents filed an appeal before the District Judge. The appeal was assigned to learned Additional District Judge who by his judgment and decree dated 14.10.1997 set aside the judgment and decree of the Trial Court and dismissed the suit. A second appeal was carried before the High Court which by the impugned judgment dismissed the appeal holding that since Section 26 of the Haryana Ceiling on Land Holding Act, 1972 (in short the Act) provides that no Civil Court shall have the jurisdiction to entertain or proceed with a suit for specific performance of the contract for transfer of land which affects the right of the State Government to the surplus area under the Act, or settle any matter which under the Act is required to be settled, decided or dealt with by the Financial Commissioner, the Commissioner, the Collector or the Prescribed Authority; the suit was not maintainable.

Reasoning: The principles culled out from various decisions of this Court are that even when the statute has given finality to the orders of the special tribunal, the Civil Courts jurisdiction can be regarded as having been excluded if there is adequate remedy to do what the Civil Court would normally do in a suit. Section 26(1)(d) on the other hand specifically excludes jurisdiction of the Civil Court so far as matters which are required to be settled, decided or dealt with by the Financial Commissioner, the Commissioner, Collector or prescribed Authority. The entitlement, choice of land and the allotment are matters which are to be dealt with specifically by the authorities under the Act. Additionally, Section 18 provides a forum to ventilate the grievances under the Act in respect of several matters. This is a case of exclusion of the remedy in certain contingencies. It is not a case where the controversy cannot be resolved by the forum provided under the Act. Further in case of any grievance, the validity of the order could have been questioned before the forum provided. That has not been done and on the other hand, the suit was filed after about nine years