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PUNJAB & HARYANA HIGH COURT
S.S.Sandhawalia and S.S.Sodhi JJ.
Dharam Pal
Versus
State Of Haryana
Civil Writ Petition No. 2804 of 1982,
Decided On : SEPTEMBER 14, 1982
Title - Land Dispute - The court quashed the orders and directed the Collector to first determine the question of title raised by the petitioners in accordance with the provisions of Sections 13-A and 13-B of the Act before deciding the application under Section 7.
Fact of the Case:
The petitioners claimed title to the land which the respondents alleged vested in the Gram Panchayat. The Assistant Collector and the Collector held that the land vested in the Gram Panchayat without first deciding the question of title.
Finding of the Court:
The court quashed the orders and directed the Collector to first determine the question of title raised by the petitioners in accordance with the provisions of Sections 13-A and 13-B of the Act before deciding the application under Section 7.
Issues: Question of title under Sections 13-A and 13-B of the Act, application under Section 7
Ratio Decidendi: When a question of title is raised in such proceedings, the Assistant Collector should first decide the question of title under Sections 13-A and 13-B of the Act before proceeding to decide the application under Section 7.
Final Decision: The writ petition is accepted, and the orders are quashed with the direction to determine the question of title before deciding the application under Section 7.
S.S.Sandhawalia, J.
1. The petitioners claim title to the land which according to the respondents vested in the Gram Panchayat. On an application filed against the petitioners under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called the Act), the Assistant Collector 1st Grade, Rohtak, by his order of 24.8.1981 (annexure P- 2) held that the land in question vested in the Gram Panchayat under Section 2(g)(4) of the said Act. This order was upheld in appeal by the Collector Rohtak by his order of 14.6.1982 (annexure P-3).
2. It is now well-settled and it is also so accepted by the parties that when in such proceedings a question of title is raised, the Assistant Collector 1st Grade shall first decide the question of title under Sections 13-A and 13-B of the Act before proceeding to decide the questions raised in the application under Section 7 thereof. This was also so held in Tara Chand v. Gram Panchayat Atail, 1979 P.L.J. 1. In this view of the matter, the orders annexures P-2 and P-3 are hereby quashed with the direction that the Collector should first determine the question of title raised in this case by the petitioners in accordance with the provisions of Sections 13-A and 13-B of the Act and to thereafter decide the application under Section 7 thereof according to law.
3. This writ petition is accordingly accepted. There will be no order as to costs.
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