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2004 Supreme(P&H) 1350
PUNJAB AND HARYANA HIGH COURT
M.M. Aggarwal, J.
Amar Singh and others - Petitioners
Versus
Commissioner, Hissar Division and others - Respondents
Civil Revision No. 7931 of 1989.
Decided On : 15 December, 2004
For the Petitioner:Mr. R.A. Sheoran, Advocate.
For the Respondents:Mr. Rakesh Deshwal, Assistant Advocate General, Haryana and Mr. S.S. Dawal, Advocate.
The central legal point established in the judgment is the importance of determining the ownership and vesting of disputed land, particularly in the context of mutation entries and their legal validity.
Headnote:
Mutation - Land Dispute - [Punjab Land Revenue Act, 1887, Section 42, Section 44, Section 45] - The court discussed the provisions of the Punjab Land Revenue Act, 1887, particularly Sections 42, 44, and 45, which govern the mutation of land records and the rights of the Gram Panchayat. The court emphasized the importance of determining the ownership of the land and whether it vested in the Gram Panchayat, highlighting the legal implications of mutation entries and their validity.
Fact of the Case:
The petitioner sought to quash orders related to the mutation of land in favor of the Gram Panchayat and to establish ownership and possession rights. The lower courts had dismissed the petitioner's suit on the grounds of locus standi and res judicata, based on a previous case filed by another individual.
Finding of the Court:
The court accepted the writ petition, setting aside the previous orders and remanding the case for fresh consideration to determine the ownership and rights over the disputed land.
Issues: Locus standi, res judicata, ownership of the disputed land, validity of mutation entries
Ratio Decidendi: The court emphasized the need to determine the ownership and vesting of the land, highlighting the inadequacy of the previous decisions in addressing these crucial aspects.
Final Decision: The petition was allowed, and the case was remanded for fresh consideration.
M.M. Aggarwal, J. - This petition had been filed by Amar Singh son of Ram Lal, resident of village Khatiwas, District Bhiwani now represented by his Legal Representatives, for quashing orders dated 25.5.1989 (Annexure P-2) of Assistant Collector First Grade, 16.8.1988 (Annexure P-3) of Collector and 14.3.1989 (Annexure P-4) of Commissioner, Hissar Division and for declaring that land in dispute is under the ownership and possession of the petitioner and Mutation No. 373 in favour of the Gram Panchayat respondent No. 4 is illegal.
2. This petition had been filed by Amar Singh in a representative capacity on behalf of other share holders of Panna Kapooran village Khatiwas. According to the petitioner, the land had been 40 Kanals 8 Marlas bearing Khewat No. 77/78 as per jamabandi for the year 1980-81. The mutation of this land bearing No. 373 dated 12.7.1980 had been entered in favour of the Gram Panchayat which was against law and it had no effect on the rights and title of the petitioner and other share-holders of the village. One Jage Ram had earlier filed a suit which was dismissed on 3.3.1983. Appeal filed by Jage Ram had been dismissed by the Collector. That the land in dispute was owned by shareholders of village Parma Kapooran. This fact was duly recorded in Jamabandi for the years 1946-47, 1970-71, 1975-76 and 1980-81. It was never utilised for the benefit of the village community. It did not vest in the Gram Panchayat. It is a averred that mere sanction of mutation did not confer any right on the Gram Panchayat. The land did not vest in the Gram Panchayat. The suit filed by the petitioner was dismissed by the courts below only on the ground that petitioner had no locus standi and the matter was barred by res Judicata since the case filed by Jage Ram had been decided. Since the authorities have acted illegally, therefore, this writ petition was filed.
3. This petition was mainly contested by Gram Panchayat-respondent No. 4.
4. Annexure P-1 is order dated 3.3.1983 of Sub Divisional Officer (Civil) exercising the powers of Assistant Collector, 1st Grade, Dadri in a suit filed by Attar Singh, Jai Singh and Jaibir sons of late Jage Ram for declaration that the land measuring 40 kanals of khewat No. 77/78 Khatauni No. 122 as per the Jamabandi for the year 1975-76 situated in the area of village Khatiwas was not land of Shamlat Deh and did not vest in the Gram Panchayat. Mutation No. 373 dated 12.7.1980 sanctioned in favour of the Gram Panchayat was illegal, against law and had no effect on the rights of the plaintiffs (now petitioners). This suit was dismissed on 3.3.1983. Present petitioner had filed another suit on behalf of himself and other co-sharers of Pana Kapooran. It was to the same effect as the earlier suit. It was disposed of by Assistant Collector, 1st Grade, Dadri on 25.5.1988 vide Annexure P-2 which is English translation of the Hindi version of the order. From the perusal of the judgment Annexure P-2 it would come out that the suit had been dismissed because Jage Ram had earlier filed a suit and the matter had been decided therein. It appears that Amar Singh had filed an appeal which was dismissed by Collector Bhiwani on 16.8.1988 (Annexure P-3) again on the same ground that earlier suit filed by Jage Ram had been dismissed and matter had become res judicata. Revision filed by Amar Singh against this order had been dismissed on 14.3.1989 (Annexure P-4) by Commissioner, Hissar Division, Hissar again on the same ground.
5. From the perusal of order Annexure P-1 in the case of Jage Ram, it would come out that he had claimed adverse possession also. That suit was not in a representative capacity and had been filed by Jage Ram himself. In the suit filed by Amar Singh in the representative capacity, no adverse possession was claimed but it had been pleaded that the land was entered in the column of ownership as "Shamlat Panna Kapooran Hasab Rasad Rakba Khewat" and that it vested in the proprietors of the vil
