Gram Panchayat, Vill Haripura vs The Commissioner,Ferozepur Division ...

We fail to understand the reasoning given by the Division Bench in distinguishing the Full Bench judgment. The Full Bench judgment clearly covered the facts of the present appeal. In order to appreciate the controversy, it may be relevant to mention the facts of the Full Bench decision, which relate to the same Gram Panchayat of village Haripura. The land in question was 'Shamilat Deh' . By virtue of the Punjab Village Common Lands (Regulation) Act, 1953 ( hereinafter referred to as the Shamilat Law), the shamilat Deh, the land vested in the Gram Panchayat. It is alleged that the owners of the shamilat land adopted a device & formed a memorandum of association of Haripura Trust Committee, Haripura and got it registered. It was mentioned therein that the General Committee would consist of 8 members who are the owners of the shamilat land which has been transferred to the Trust and the land was mutated in the name of the Trust in the year 1954. By the same device those persons were inducted as tenants of the trust. This shamilat law was substituted by new enactment known as Punjab Village Common Lands (Regulation) Act, 1961. Section 2(g) of the said Act of 1961 defined 'Shamilat Deh'. i.e. Various types of lands were included in shamilat deh and no dispute was raised that the present land is not shamilat deh. Prior to mutation in favour of the Trust, it continued as shamilat deh. In the year 1957, a corrective mutation was entered and the land was remutated in favour of the Gram Panchayat. It was submitted that though the land was mutated in the name of the Trust but the contesting respondents claimed that they were the tenants of the trust. In the year 1965-66 the consolidation operation took place and the contesting respondents claimed that they continued as tenants under the Gram Panchayat and that in Jamabandi for the year 1970-71 each of them was recorded as tenant on payment of fixed cash rent. The appellant-Gram Panchayat Haripura filed five separate petitions before the Collector, Fazilka under sections 4 & 7 of the Act of 1961 and the same plea was raised that they were not unauthorised occupants and on the basis of Jamabanbdi of 1971, they were recognised as tenants by the Gram panchayat. The Collector , however, did not feel persuaded and passed an order of ejectment in all the five cases. The matter was taken up in appeal before the Commissioner, Ferozepur Division. The Commissioner relying on the jamabandi of 1970-71 held that on the basis of the aforesaid jamabandi nothing further was required to prove the status of the tenants since they were recorded as tenants under the Gram Panchayat and the jamabandi entries shall be presumed to be correct as they were not rebutted. Therefore, the Commissioner reversed the decision of the Collector. Under these circumstances the matter was brought up before the Full Bench of the High Court. The Full Bench after going through the revenue records came to the conclusion that each tenant was shown in col. 5 of the jamabandi as ' Gair Marusi' which means a tenant-at-will under the Gram Panchayat. In col. 9, meant for the rent, entry is ' Lagan Naqdi Rs.64/- fee Killa Saal Tamaam' which when translated in English means " Rent-in-cash at the rate of Rs.64/- per acre for the whole year" and the same argument was raised before the Full Bench that because of this entry, unless the tenancy is terminated by giving notice under section 106 of the Transfer of Property Act the tenant has a right to continue over the land and the provisions of Sections 4 & 7 o the Act of 1961 are not applicable. Thereafter, the Full Bench quoted the provisions of Section 3 of the Act. Section 3 of the Act reads as under :

In this view of the matter, we are of opinion that the Full Bench judgment clearly held the field and rightly so in our opinion. Therefore, this appeal is allowed and the judgment and order dated 21.7.1998 passed by the Division Bench of the High Court of Punjab & Haryana in Civil Writ Petition No.11066 of 1998 is set aside and the order dated 13.2.1984 passed by the Commissioner, Firozepur Division is also set aside and the order dated 3.3.1983 passed by the Collector, Fazilka is affirmed.

In view of the aforesaid reasoning, the civil appeal No.434 of 2000 is allowed and the judgment order dated 21.7.1998 passed by the Division Bench of the High Court of Punjab & Haryana in Civil Writ Petition No.11059 of 1998 is set aside and order dated 13.2.1984 passed by the Commissioner, Firezepur Division is also set aside and the order dated 3.3.1983 passed by the Collector Fazilka is affirmed. No order as to costs.