As per case facts, two suits under the Punjab Village Common Lands (Regulation) Act, 1961, were filed regarding disputed land. Initially, the Collector favored the Gram Panchayat, but the appellate ...
CWP No. 28866 of 2022 (O&M) - 1-
CWP No. 29007 of 2022 (O&M)
In the High Court of Punjab and Haryana at Chandigarh
1. CWP No. 28866 of 2022 (O&M)
Reserved on: 3.4.2025
Date of Decision: 09.4.2025
Gram Panchayat Bhudian ......Petitioner
Versus
State of Haryana and others .....Respondents
2. CWP No. 29007 of 2022 (O&M)
Gram Panchayat Bhudian ......Petitioner
Versus
State of Haryana and others .....Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MR. JUSTICE VIKAS SURI
Argued by: Mr. Satish Chaudhary, Advocate
for the petitioner(s).
Ms. Svaneel Jaswal, Additional Advocate General, Haryana.
Mr. Parvinder Singh, Advocate
for respondents No. 6, 8, 10, 11, 14, 18, 20 and 21
(in CWP No. 28866 of 2022) and
for respondents No. 5, 6, 8, 10, 11, 14, 16, 18, 20, 26, 27, 35
and 46 in CWP-29007-2022).
****
SURESHWAR THAKUR , J.
1. Since both the supra writ petitions arise from a common verdict,
as, made by the learned Revisional Court concerned, therebys both become
amenable for a common verdict being made thereons.
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CWP No. 29007 of 2022 (O&M)
2. Through the instant writ petitions, the petitioner seek the
quashing of the order dated 30.5.2022 passed by the learned Financial
Commissioner, Haryana, wherebys the revision petition filed against the
order dated 24.11.2021, passed by the learned Commissioner concerned,
became dismissed, besides therebys the order dated 24.12.2020, passed by
the learned Collector, Ambala, and, the order dated 24.11.2021, passed by
the Commissioner, Division Ambala dated 24.11.2021, thus became
affirmed.
3. For brevity, the facts are being taken from CWP No. 29007 of
2022.
4. It is averred in the instant petition, that initially two suits
became filed under Section 13-A of the Punjab Village Common Lands
(Regulation) Act, 1961 (for short ‘the Act of 1961’). One of such filed
suit(s) was by one Ram Ji Lal (respondent No. 5 in CWP No. 28866 of
2022) and others against the Gram Panchayat Bhudian. In the said suit, the
plaintiffs claimed the rendition of a declaratory relief for theirs becoming
declared owners in possession of the suit land, besides claimed the relief of
permanent injunction, thus for restraining the Gram Panchayat from
interfering in the peaceful possession of the plaintiffs over the
disputed/subject lands. The other suit became filed on 10.5.2007, rather by
Gram Panchayat Bhudian against Roop Singh (respondent No. 5 in CWP
No. 29007 of 2022) and others. In the said suit, the Gram Panchayat
claimed the rendition of a declaratory relief for therebys its becoming
declared owner in possession of the suit land. In both the supra civil suits,
common lands were involved.
5. The learned Collector concerned, through a decision made
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thereons, on 22.2.2011, non-suited the supra plaintiff-Ram Ji Lal
(respondent No. 5 in CWP No. 28866 of 2022), whereas, the suit of the
Gram Panchayat was decreed in favour of the plaintiff-Gram Panchayat
concerned.
6. Being aggrieved therefrom, the above said Roop Singh and
Ram Ji Lal, preferred two separate statutory appeals before the learned
statutory appellate authority concerned. Through an order made thereons on
21.5.2013, the learned appellate authority concerned, set aside the order
dated 22.2.2011, and, remanded the case to the learned Collector concerned
with a direction to decide the matter afresh but after hearing both the parties.
7. The learned Collector concerned, through an order dated
24.12.2020, dismissed the suit bearing No. 15/13-A preferred by the Gram
Panchayat concerned, whereas, the suit bearing No. 190/13-A preferred by
Ram Ji Lal became decreed in his favour.
8. Being aggrieved from the said verdicts, the Gram Panchayat
concerned, preferred two separate appeals before the learned Commissioner
concerned. However, through a common order made thereons, on
24.11.2021, the said appeals also became dismissed by the learned appellate
authority concerned.
9. The Gram Panchayat concerned, challenged the verdicts (supra)
by filing thereagainst two separate revision petitions, thus before the learned
Revisional Court concerned. However, through an order made thereons on
30.5.2022, the said revision petitions also became dismissed, wherebys, the
concurrent verdicts, as became respectively passed by the learned Collector
concerned, and, by the learned Commissioner concerned, thus became
affirmed.
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10. The above concurrently made verdicts, thus has led the Gram
Panchayat concerned, to access this Court through the filing of the instant writ
petitions.
Submissions on behalf of the learned counsel for the petitioner-Gram
Panchayat
11. The learned counsel for the petitioner-Gram Panchayat submits-
(i) That since the very inception of the village, the subject
land is owned and possessed by the Gram Panchayat concerned, and, the
same has been reserved for the common purposes of the village, therebys the
judgments impugned before this Court are required to be annulled.
(ii) That the findings of the Courts below to the effect, that
the subject land is recorded as Shamlat Patti in the column of ownership of
the jamabandi(s) for the years 1917-18 to 1946-47, thus is incorrect.
Contrarily, the land measuring 1130 bigha is recorded as shamlat deh in the
jamabandi, prior to the year 1950 and the land measuring 541 bighas 12
biswas, thus became allotted during the consolidation operations, vis-a-vis
the Gram Panchayat concerned, rather in lieu of the earlier land. Resultantly
post the culmination of the consolidation proceedings/operations, thus vis-a-
vis the said allotted land, an entry became made in the revenue records
rather displaying the same to be owned by the panchayat deh.
(iii) That though the lands in dispute are classified as banjar
kadim, but they were being used both by the proprietors and by the non-
proprietors, thus for grazing purposes, and, that the subject lands are not in
cultivating possession of the respondents, rather safeda trees were planted by
the Gram Panchayat over the land in dispute.
(iv) That the learned Courts below, have not taken into
consideration the fact that the said safeda trees, were respectively auctioned
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by the Gram Panchayat on 20.12.1990 and on 7.1.1999, wherebys proof
emerges vis-a-vis the user of the subject lands by the Gram Panchayat
concerned. Resultantly, it is argued, that therebys the benefit of the savings
clause, as manifested in Section 2(g)(5)(v) but cannot be assigned to the
present respondents, especially when only on non-user(s) of the subject
lands, at the instance of the Gram Panchayat concerned, or by the village
proprietary body concerned, qua therebys the benefit thereof is assignable to
the present respondents.
(iv) Therefore, it is prayed that the impugned orders passed
by the Courts below be quashed and set aside.
Joint submissions on behalf of the learned counsels for the respondents
12. The learned counsels for the respondents submit-
(i) That the respondents and their predecessors-in-interest
since time(s) immemorial, rather are the owners in possession of the subject
property,. Furthermore, it is contended that pursuant to Section 2(g)(5)(viii),
the suit property, does not fall within the definition of shamlat deh, rather the
subject lands fall within the ambit of Section 2(g)(5)(v) of the Act of 1961.
Clauses (v) and (viii) of Section 2(g)(5) of the Act of 1961 become extracted
hereinafter.
“2(g) "shamlat deh" includes -
x x x x
(5) lands in any village described as banjar qadim and used
for common purposes of the village according to revenue
records :
x x x x
(v)is described in the revenue records as shamlat taraf,
pattis, pannas and thola and not used according to revenue
records for the benefit of the village community or a part
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thereof or for common purposes
x x x x
(viii)was shamlat deh, was assessed to land revenue and has
been in the individual cultivating possession of co-sharers not
being in excess of their respective shares in such shamlat deh
on or before the 26th January, 1950; or
(ii) That the Gram Panchayat concerned, has failed to
produce any evidence, suggestive that the nature/genre of the subject land is
shamlat deh, and/ or qua the subject lands becoming ever reserved for
common purposes. Moreover, since the entries in the revenue record, when
do vividly classify the disputed lands, as shamlat patti, therebys when the
said entries remain unrebutted by the Gram Panchayat concerned, through
leading any cogent evidence. Therefore, conclusivity is to be endowed to the
revenue designation(s) of shamlat patti, as imparted to the subject lands,
wherebys the respondents are entitled to receive the benefit of the apposite
savings clause.
(iii) That a perusal of the relevant jamabandis, which have
been proved on record, reveals that the subject land was never reserved for
common purposes and that the subject lands are shamlat patti.
(iv) That vis-a-vis the subject lands, the apposite savings
clause, as enshrined in clause (viii) of sub-Section 2(g)(5) of the Act of 1961
is not applicable, as the decree holders-respondents in the instant petitions
never claimed the benefit thereof, rather they claimed the benefit of clause
(v) of sub-Section 2(g)(5) of the Act of 1961. Significantly also, since
cogent evidence in proof of the ingredient(s) of the supra clause (v) rather
did also become adduced on record. Conspicuously, there is no effective
application vis-a-vis the subject lands qua the savings clause, as occurs in
Section 2(g)(5)(viii) of the Act of 1961, whereins manifestations occur, that
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prior to the year 1950, the decree holders were required to be holding
cultivating possession in proportion to their shares thereovers, thus for
therebys theirs purportedly saving the subject lands from vestment in the
shamlat deh.
Inferences of this Court
13. The controversy which has emerged amongst the contesting
litigants relates to whether there is a gross misappraisal of the revenue
entries, as manifested in the revenue records. The revenue entries are
contended to purportedly respectively designate, the subject land(s), as
shamlat deh land(s) or as shamlat taraf/pattis/pannas/thola lands.
Furthermore, this Court is also required to test the veracity of the
submissions made before this Court, by the learned counsel for the
petitioner, that since in terms of the subject lands becoming purportedly
designated, as shamlat deh lands, thus they purportedly became subjected to
public auction respectively 20.12.1990 and on 7.1.1999, whereupon, the
present respondents were required to be non-suited, besides the impugned
verdicts are required to be quashed and set aside.
14. Resultantly and reiteratedly, this Court is required to be also
further determining whether the impugned attestation of mutation bearing
No.595, as made by the Assistant Collector concerned, in the year 1955 vis-
a-vis the present petitioner, wherebys there was conferment of right, title and
interest over the subject land(s) in favour of the present petitioner, but was
an aptly made order.
15. Furthermore, this Court is also required to be determining
whether the contention raised before this Court, on behalf of the decree
holders-respondents herein, that the revenue entries, as manifested in the
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revenue records, commencing from the year 1917-18 to 1946-47, when do
rather make palpable speakings vis-a-vis the disputed lands being assigned
the revenue designations of shamlat deh munkism shamilat patti Bhoop
Singh Vagarah, Shamlat Patti Roor Singh, Shamlat Patti Sahib Singh hasab
rasad jar khewat, whether theretos absolute sanctity is to be assigned.
16. Tritely, since a rebuttable presumption of truth is assigned to
the impartings of the supra revenue designations to the disputed lands.
Therefore, it has to be discerned from the records whether cogent rebuttal
evidence theretos became adduced. In addition, whether in the absence of
adduction of the apposite cogent rebuttal evidence, thus at the instance of the
present petitioner, rather for eroding the presumption of truth attached to the
impartings of revenue designations to the disputed lands, respectively as
shamlat deh munkism shamilat patti Bhoop Singh Vagarah, Shamlat Patti
Roor Singh, Shamlat Patti Sahib Singh hasab rasad jar khewat, whether
therebys, the presumption of truth attached to the said revenue designations,
but does acquire conclusivity.
17. Lastly also, this Court is also required to be discerning from the
presently available record, whether after the consolidation operations, thus a
valid order became passed by the empowered revenue officer concerned,
wherebys the designations earlier imparted to the disputed lands,
respectively as shamlat deh munkism shamilat patti Bhoop Singh Vagarah,
Shamlat Patti Roor Singh, Shamlat Patti Sahib Singh hasab rasad jar khewat,
became validly altered or changed, as shamlat deh. Ultimately, also this
Court is to discover, thus evidence to the extent, whether on the culmination
of the consolidation operations, the disputed lands, after pro-rata cuts being
made from the legitimate holdings of the decree holders-respondents, rather
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became assigned to the Gram Panchayat concerned, and, further
subsequently they became used for the common purpose of the village
proprietary body.
18. Now in case this Court agrees with the supra submissions made
before this Court, by the learned counsel for the petitioner, therebys to some
extent, the further contention raised before this Court, by the learned counsel
for the petitioner, that since the classification column appertaining to the
subject land(s), displays the subject lands to be gair mumkin land(s), but also
naturally may acquire some force, wherebys the present respondents may
become barred to claim the benefit of the savings clause, as occurs in
Section 2(g)(5)(viii) of the Act of 1961.
19. Predominantly when for endowing the beneficent grace
thereofs, to the present respondents, there was but a requirement of an entry
existing in the classification column, as borne in the revenue records, as
appertaining to the subject lands, and, the said classification column clearly
manifesting, that the subject lands were under cultivation of the present
respondents, through their predecessors-in-interest, but prior to the year
1950, thus on the basis of an entry existing in the classification column,
inasmuch as, the apposite classification column candidly speaking that the
subject lands became entered thereins as barani lands.
20. Conspicuously, the designations imparted to the subject lands in
the classification column of the revenue records, is gair mumkin, therebys
when they were uncultivable, therebys the disputed lands, but naturally
cannot become saved from vestment in the shamlat deh, pursuant to the
purported endowments vis-a-vis the present petitioner, rather the beneficent
grace of the savings clause (viii) of Section 2(g)(5) of the Act of 1961.
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21. In the said regard, though it became averred by the present
petitioner before the authority(ies) below, and, also becomes averred in the
present writ petitions, that the attestation of mutation vis-a-vis the suit lands
became validly attested in favour of the present petitioner, rather through the
drawing of mutation No. 595. Furthermore, though it is also averred that the
attestation of the said mutation but was a sequel of the subject lands, after
culmination of the consolidation proceedings, thus becoming reserved in
favour of the Gram Panchayat concerned. In addition, though it is also
contended, that the auctioning of the subject lands, per se is personificatory
qua the subject lands becoming used by the Gram Panchayat, thus for the
benefit of the village proprietary body, wherebys the benefit of the savings
clause, as carried in Section 2(g)(5)(v), rather cannot become assigned to the
present respondents.
22. Tritely also, it is contended, that since purported illegal sale
transactions were made by the present respondents qua their alienees
concerned, as manifested by a judgment and decree dated 3.9.2011, as
became rendered by the Civil Court concerned, thus resulting in the
decreeing of the Gram Panchayat’s suit. Therefore, it is contended, that the
verdict dated 22.2.2011, recorded by the Collector concerned, wherebys the
present respondents were non-suited, thus acquires immense tenacity,
wherebys the present petitions but are required to be allowed.
23. The supra averment(s), as borne in the instant writ petitions,
became denied by the present respondents herein, both in the proceedings
raised before the statutory authorities below, as well as through a pointed
reply to the same becoming rendered by the respondents.
24. Insofar as the validity of the attestation of the impugned
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mutation bearing No. 595, is concerned, wherebys the ownership rights over
the disputed lands became conferred upon the present petitioner, the said
attestation of mutation, thus for the reasons to be assigned hereinafter, is an
invalidly recorded mutation. The prime reason for stating so, becomes
grooved in the factum, that the supra mutation became sanctioned in the
name of the Gram Panchayat concerned, in the year 1955 but post the
issuance of administrative instructions by the Government, rather under the
provisions of the Act of 1961. Any anvilings of the contentious order of
mutation, thus upon the said administrative instructions, which otherwise are
infected with the vice of sub coloris officio, and, when they do also rather
fall in the genre of execution despotism, thus is a misanviling thereons.
Moreover also, when there is no evidence, that in the makings of the said
order, thus adherence became made to the principles of natural justice. As
such, the present respondents became evidently condemned unheard, in the
proceedings which resulted in the makings of the contentious order of
mutation, therebys the said contentious mutation (supra) becomes rendered
non est and illegal.
25. Now the vigour of the averment raised in the instant writ
petitions, that since public auction of the safeda trees, as became purportedly
cultivated on the subject lands, did become conducted, wherebys the subject
lands are to be construed to be, as such used for the village common
purposes, wherebys the respondents are not entitled to become endowed the
beneficent grace of Section 2(g)(5)(v) of the Act of 1961, rather evaporates
in the face, of the respondents in their reply pointedly stating, that in the
order rendered on 21.5.2013, a stark echoing becoming recorded, qua the
witness of the Gram Panchayat, but admitting that the suit lands were never
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put to public auction by the Gram Panchayat. The said findings acquires
validity, wherebys the said argument loses its worth, especially when the
said pointed reply, has remained unrebutted through wants of any credible
rejoinder theretos becoming made, nor when for belying the said pointed
contention no tangible evidence becomes adduced by the present petitioner.
26. Though, much reliance is also placed upon the rendition of a
decree by the Civil Court of competent jurisdiction, wherebys the
alienations, as made qua a part of the subject lands by the present
respondents, vis-a-vis the alienor(s) concerned, became quashed. The said
passed decree by the Civil Court was passed/based upon an earlier thereto
decision becoming recorded by the Collector concerned, on 22.2.2011,
wherebys the present petitioner’s declaratory suit became decreed.
However, the vigour of the said argument also becomes rendered extremely
feeble in the light of-
(a) The reliance, as made by the Civil Court concerned, upon
the rendition of a decree by the Collector concerned, on 22.2.2011, but is a
misplaced reliance thereons. The reason for stating so becomes etched in the
factum that the (supra) Civil Court decree, was passed/based upon the order
rendered prior thereto by the Collector concerned, on 22.2.2011, wherebys
the suit of the Gram Panchayat cast under Section 13-A of the Act of 1961
was decreed and the suit of the respondents herein cast under Section 13-A
of the Act of 1961, rather was dismissed. Since the verdict rendered by the
Collector concerned, on 22.2.2011 became quashed and set aside, by the
appellate authority concerned, therebys the reliance placed thereon by the
Civil Court concerned, while passing subsequent thereto the (supra) decree
on 03.9.2011 is but an ineffective, reliance thereovers.
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(b) Secondarily on the ground that since a statutory embargo
becomes created under Section 13 of the Act of 1961, provisions whereof
become extracted hereinafter, against the Civil Courts entertaining suits
involving shamlat deh lands. Resultantly therebys both the entertainment of
the suit (supra) besides the assumption of jurisdiction upon the said suit,
evidently involving lands belonging to the genre of shamlat lands, to genre
whereof, the suit lands fall, but naturally becomes fallible. The said is
reiteratedly premised on the ground, that both the supra attract thereovers
thus the statutory bar created against the entertainment of disputes by the
Civil Courts, whereins, the subject matters are shamlat deh lands. The
further consequence thereof, is that, the apposite Civil Court decree, thus is
to be construed to be illegal, non est and not binding upon the right, title and
interest of the present respondents over the subject lands.
27. Since the said fact is pointedly stated in the reply furnished to
the instant writ petition which however remains unrebutted, therebys
conclusivity is to be assigned to the contentions to the said extent, as become
raised in the reply(ies) furnished to the instant writ petitions.
13. Bar of jurisdiction of civil courts. - No civil Court shall
have jurisdiction -
(a)to entertain or adjudicate upon any question whether any
property or any right to or interest in any property is or is not
shamlat deh vested or deemed to have been vested in a
Panchayat under this Act; or
(b)to question the legality of any action taken by the
Commissioner or the Collector or the Panchayat under this
Act; or
(c)in respect of any matter which the Commissioner or the
Collector is empowered by or under this Act to determine."
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28. Now the further issue, which is required to be put to a quietus
relates to whether the benefit of Section 2(g)(5)(v) is to be assigned to the
respondent herein.
29. Before determining whether the benefit of the supra savings
clause, is to be assigned to the decree holders-the respondents/suit lands,
wherebys they become saved from the vestment in the shamlat deh, it is
necessary to understand the ingredients thereofs. A studied and keen perusal
of the ingredients carried in the supra extracted savings clause, to the
definition of shamlat deh lands, unfolds, that upon the lands being entered
into in the revenue records, as shamlat taraf/pattis/pannas/thola lands, and,
theirs also in the classification column of the revenue record, thus becoming
designated, as gair mumkin, therebys the tarafdars/pattidars/pannedars/
tholedars rather becoming entitled to save the lands, with supra revenue
designations, from vestment in the shamlat deh lands, but subject to proof
also emerging, that the apposite gair mumkin lands were never used for the
village common proprietary.
30. Therefore, cogent rebuttal evidence was required to be adduced
by the Gram Panchayat concerned, especially vis-a-vis the jamabandis for
the year 1917-18 to which Ex. R-1 becomes assigned, jamabandi for the year
1930-31, to which Ex. R-2 becomes assigned, jamabandi for the year 1938-
39, to which Ex. R-3 becomes assigned, jamabandi for the year 1942-43, to
which Ex. R-4 becomes assigned and jamabandi for the year 1946-47, to
which Ex. R-5 becomes assigned, whereins, the suit lands become imparted
the revenue designation(s) of shamlat patti lands. The said fact became
pleaded before the statutory authorities below, and, also becomes pleaded in
the reply(ies) furnished to the instant writ petition, by the present
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respondents. Since no cogent rebuttal evidence theretos, became rendered by
the Gram Panchayat, nor also when no effective rebutting rejoinder is made,
to the pointed contentions raised in the reply(ies), furnished to the instant
petitions, wherebys the respondents have taken to erode the vigour of the
apposite denying averment raised in the present petition, manifesting that the
revenue records thus support the respondents’ stand, qua the subject lands
being entered thereins as shamlat patti lands. Resultantly therebys naturally
when there is neither, adduction of any cogent rebuttal evidence theretos, nor
when rather becomes eroded the presumption of truth attached to the supra
imparted revenue designations to the suit lands. Therefore, conclusivity is to
be assigned to the revenue records/entries, thus displaying that the disputed
lands became imparted the revenue designation(s) of shamlat patti lands,
wherebys the subject lands become saved from vestment in the shamlat deh.
31. Additionally also it became incumbent upon the Gram
Panchayat concerned, to adduce evidence, that the said entry, if required, did
become altered through a valid order becoming recorded by the empowered
revenue officer concerned. Moreover, evidence was also required to be
adduced by the Gram Panchayat, suggestive that post the making of an order
altering the said entries to shamlat deh lands, but also in the consolidation
proceedings, the subject lands becoming reserved for the village common
purposes, after pro-rata cuts being made from the legitimate holdings of the
decree holders-respondents. In consequence, therebys, the presumption of
truth attached to the revenue entries borne in the (supra) jamabandis as
appertaining to the subject lands, whereins, manifestations occur qua the suit
lands becoming imparted the designations of shamlat deh munkism shamilat
patti Bhoop Singh Vagarah, Shamlat Patti Roor Singh, Shamlat Patti Sahib
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Singh hasab rasad jar khewat, thus therebys may have become rebutted.
However, the said evidence is abysmally lacking.
32. In sequel, the impugned order of mutation bearing No.595,
attested in the year 1955, wherebys ownership over the disputed lands
became conferred upon the Gram Panchayat concerned, rather is to be
concluded to be made in complete disregard to the manifestations, as made
in exhibits R-1 to R-5 (supra), whereins, the disputed lands become imparted
the revenue designation of shamlat patti lands. As such, the said mutation
appears to be made merely upon some administrative instructions, besides
naturally it appears to be made under some force majeure executive fiat,
naturally therebys no reverence is to assigned theretos, especially when there
is no evidence on record, suggestive, that in the proceedings relating to the
passing of the said order, thus adherence was made to the principles of
natural justice. In summa, the (supra) impugned order of mutation,
wherebys the ownership right over the disputed land, became vested in the
Gram Panchayat concerned, but is completely illegal and non est, and, the
same is required to be quashed and set aside.
33. Moreover, a closest scrutiny of the supra evidence on record,
reveals that since therebys the supra assigned revenue designations became
made vis-a-vis the subject lands. Resultantly therebys it does bring home a
conclusion that the subject lands fall within the domain of shamlat patti
lands. Moreover, when the said lands are also entered in the apposite
classification column as gair mumkin lands, therebys there was no necessity
on the part of the decree holders-the respondents herein, to lead evidence,
that prior to 1950, they were holding cultivating possession thereofs, nor
also if such evidence remained unadduced, therebys too, the decree holders
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are not to be non-suited. The reason being that the present respondents, did
not claim, the endowment qua them of the benefit of savings clause, as
occurs in Section 2(g)(5)(viii) of the Act of 1961, rather they claimed that
they be conferred the benefit of the savings clause (v) as occurs in Section
2(g)(5) of the Act of 1961.
34. Additionally and fortifyingly, though the consolidation
proceedings in village Bhudian took place in the year 1955-56, and, the
missil haquiat pursuant to the consolidation proceedings, did also become
prepared, but there is no evidence on record reflecting any co-relation inter
se the previous khasra numbers, and, the subsequent khasra numbers, as
became purportedly assigned to the subject lands. Therefore, in the absence
of the apposite co-relation inter se the apposite sabik khasra numbers and the
apposite haal khasra numbers, inasmuch as, both respectively appertaining to
the suit lands. Resultantly, even if assumingly if some lands, thus during
consolidation proceedings, became allotted to the Gram Panchayat
concerned, yet the allotments thereofs to the Gram Panchayat, but in the
absence of adduction of cogent evidence, rather establishing the imperative
link inter se the apposite sabik and the apposite haal khasra numbers, and,
the said link further becoming connected with the subject lands, thus brings
home an inference, that the lands reserved for the village proprietary body in
the finalized consolidation scheme, rather were not the subject lands.
35. Consequently, the attestation of mutation bearing No.595 thus
in the year 1955, wherebys ownership rights became conferred upon the
present petitioner, thus is vitiated, as therebys there has been an arbitrary
snatching and truncating of the ownership rights of the present respondents
over the subject lands, despite no cogent evidence becoming adduced rather
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to erode the efficacy of the employments of the (supra) revenue designations
to the subject lands, especially when the said designations candidly speak
that the disputed lands are shamlat patti lands. Resultantly therebys if any
averment was made before the authorities below or in the instant petitions,
that the subject lands, during the consolidation proceedings, were reserved
for the common purposes of the village, thus is an idly made averment,
which remains unsupported by the supra requisite evidence.
36. Since this Court has hereinabove concluded, that the subject
lands were never subjected to public auction, nor any safeda trees were
grown over the subject lands, besides when there is no supporting entry
existing in the wazib ul arz, thus displaying that the subject lands became
used for the village common purpose, therebys since the ingredients carried
in the apposite savings clause inasmuch as, (a) the subject lands being
conclusively denoted in the revenue records to be shamlat patti lands, (b) the
subject lands being designated as gair mumking lands, yet theirs being not
used for the village common purposes by the village proprietary body, thus
become irrefragably established, (c) therebys the instant petitions are
required to be dismissed. Therebys the beneficent grace of the savings
clause, as occurs in Section 2(g)(5)(v) of the Act of 1961, is to be endowed
to the present respondents.
37. Reiteratedly since firm evidence comprised in the revenue
entries occurring in the revenue records commencing from the year 1917-18
to 1946-47, do manifest the trite fact, that the subject lands fall within the
ambit of shamlat patti lands, as also when the thereins entries display, that
the subject lands were shamlat deh munkism shamilat patti Bhoop Singh
Vagarah, Shamlat Patti Roor Singh, Shamlat Patti Sahib Singh hasab rasad
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jar khewat. Resultantly and reiteratedly a conclusion, thus can be made, that
the subject lands, do fall within the ambit of Section 2(g)(5)(v) of the Act of
1961, with enunciations thereins, that insofar as shamlat taraf/pattis/pannas/
thola lands are concerned, though they may be entered as gair mumkin, but
if they are not used for the common purpose of the village proprietary body
concerned, therebys the tarafdars/pattidars/pannedars/tholedars, thus
becoming entitled to save the lands from vestment in the shamlat deh lands.
Imperatively, since this Court has rejected the argument made by the learned
counsel for the petitioner, that the subject lands were put to public auction,
therebys, reiteratedly the subject lands irrespective of theirs being entered in
the revenue records, as gair mumkin lands, when but were never used for the
benefit of the village proprietary body. Therefore, this Court states with
aplomb, that the benefit of the apposite savings clause is to be endowed to
the decree holder-present respondents.
38. Furthermore, insofar as the argument raised by the learned
counsel for the Gram Panchayat, that since mutation No. 595 was sanctioned
in the name of the Gram Panchayat in the year 1955, as such, the subject
lands belong to the Gram Panchayat, thus is concerned. However, the said
attested mutation is illegal, and, non est, thus in terms of the above made
discussion, wherebys this Court has concluded that the subject lands, fall
within the ambit of Section 2(g)(5)(v) of the Act of 1961, and, as such they
were amenable to become saved from vestment in the shamlat deh.
39. The contentious mutation appears to be made with gross lack of
application of mind, to the relevant revenue records, besides is a result of
complete lack of the (supra) apposite co-relations being made, inter se the
previous khasra numbers with the khasra numbers, as exist in the year 1955,
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especially when no evidence becomes adduced on record, displaying that the
sabik khasra numbers purportedly imparted to the disputed lands, did have
the requisite compatibility with the haal khasra numbers. Resultantly, and,
reiteratedly, for the lack of (supra) inter se compatibility, thus the supra
mutation appears to be founded upon incorrect revenue data.
40. Moreover, since mutation No. 595 became sanctioned in the
name of the Gram Panchayat concerned, in the year 1955, but merely on the
basis of administrative instructions of the Government, as became issued
under the provisions of the Act of 1961. Moreover, when there is no
evidence revealing that in the proceedings engaged into prior to the making
of the said mutation, there was adherence to the principles of natural justice,
therebys in the making of the said mutation, the respondents are deemed to
be condemned unheard.
41. Conspicuously also when no cogent became adduced on record
to rebut, the presumption of truth attached to the revenue entries displaying
the subject lands being entered in the revenue records, as shamlat deh
munkism shamilat patti Bhoop Singh Vagarah, Shamlat Patti Roor Singh,
Shamlat Patti Sahib Singh hasab rasad jar khewat, whereas, the adduction
of cogent rebuttal evidence theretos, but was imperative. As such, when for
want of cogent rebuttal evidence being adduced, thus for eroding the
efficacy of the entries (supra), therebys when the said revenue entries
acquire an aura of conclusivity. Resultantly, they were not required to be
replaced on the basis of the making of an order of mutation No. 595, and,
that too, when it has been founded merely upon administrative instructions,
and, has not been made through adherence being made to the principles of
natural justice. The said mutation, as such has untenably limited and
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fettered the right of the respondents as owners over the disputed lands.
42. In addition, the Gram Panchayat concerned, has also failed to
establish that safeda tress became planted by it on the subject lands.
Moreover, since the Apex Court in a judgment rendered in case titled as
Hakim, Hari Ram and others versus Santa Ram, reported in 1955 PLR6,
has observed that in case a person plants trees on a land, which does not
belongs to him, thereupon the said trees would belong to the owner of the
land, and not the planter of the said trees. The relevant paragraph of the
judgment (supra) becomes extracted hereinafter.
“14. Two propositions clearly emerge from the cases cited
above, namely (1) that if a person plants trees on the land
belonging to another, the trees come to vest in the landlord and
cannot be removed by the person by whom they were planted
and (2) that when in the course of partition proceedings a
question arises whether the land on which the trees are
standing should be allotted to one co-sharer or another, the
question falls within the ambit of the expression "the mode of
malting the partition" and must be decided by a revenue officer
and not by a civil Court.”
Final order
43. In aftermath, this Court finds no merit in both the writ petitions,
and, with the above observations, the same are dismissed. The impugned
orders are maintained and affirmed. The decree rendered vis-a-vis the
respondents in the present petition and appertaining to the suit lands, thus is
upheld in its entirety.
44. The contentious mutation No.595 attested in the year 1955,
wherebys there is conferment of right, title and interest over the subject
lands, vis-a-vis the Gram Panchayat concerned, is quashed and set aside. In
consequence, the empowered revenue officer concerned, is dehors any
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executive instructions thus directed to forthwith, in respect of the subject
lands, make an order for mutation, thus conferring right, title and interest
thereovers vis-a-vis the present respondents-decree holders. The consequent
thereto updation of the record(s) of rights be also made in contemporaneity
thereof.
45. The miscellaneous application(s), if any, is/are also disposed of.
(SURESHWAR THAKUR)
JUDGE
(VIKAS SURI)
JUDGE
April 09, 2025
Gurpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Legal Notes
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