Back
2017 Supreme(P&H) 2287
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
S.S. SARON, AVNEESH JHINGAN, JJ.
M/s ASF Buildwell Pvt. Ltd. and another - Petitioners
Versus
State of Haryana and others - Respondents
CWP No. 23641 of 2015, 7544 of 2016
Decided On : 10-08-2017
Advocate Appeared:
For the Petitioners:Mr. Soli Sorabjee, Senior Advocate, and Mr. Puneet Bali, Senior Advocate, with Mr. Vaibhav Jain, Advocate, Mr. Devadatt Kamat, Advocate, Mr. Arun Gupta, Advocate
For the Respondents:Mr. Ashok Singla, Additional Advocate General, Mr. Lokesh Sinhal, Advocate,
Headnote:
Land Dispute - Punjab Land Revenue Act, 1887, Section 45 - Civil suit for declaratory decree by persons aggrieved by an entry in a record - Specific Relief Act, 1963 - Mutation entries in revenue records do not create or extinguish title - Proper remedy for determination of title and correcting revenue entries is a civil suit
Fact of the Case:
Dispute over land in village Gwal Pahari, Gurugram - Petitioners claim ownership of land purchased from private individuals - Dispute related to revenue entries and title of the land
Finding of the Court:
Court directed parties to avail remedy before Civil Court in Gurugram for settlement of title dispute and correction of revenue entries - Ordered maintenance of status quo to prevent deterioration and misappropriation of the property
Issues: Dispute over title and revenue entries in land records - Jurisdiction of Civil Court to settle the dispute
Ratio Decidendi: Mutation entries in revenue records do not determine title to the property - Civil suit is the proper remedy for determination of title and correction of revenue entries
Final Decision: Writ petitions disposed, parties advised to file civil suit for resolution of the dispute - Order not an expression of opinion on the merits of the controversy
S.S. SARON, J.
1. This order will dispose of CWP No. 23641 of 2015 titled ‘M/s ASF Buildwell Pvt. Ltd. and another v. State of Haryana and others’ and CWP No. 7544 of 2016 titled ‘M/s ASF Buildwell Pvt. Ltd. and another v. State of Haryana and others’, as the parties in both the petitions are common.
2. In CWP No. 23641 of 2015, the petitioners have made the following substantive prayers:-
“(i) Set aside the order dated 9 September 2015 passed by the Ld. Financial Commissioner;
(ii) Declare the title of the land in question in favour of the petitioner as not being Shamlat deh;
(iii) Issue a writ in the nature of mandamus, declaring that order dated 05.02.2010 passed in L.P.A. No. 106 of 2006 (Annexure P-33) does not bind or affect the proprietary rights of the petitioner or their predecessor-in-interest.”
2. By way of CWP No.7544 of 2016, the petitioners seek quashing of the order dated 18.12.2015 passed by the Tehsildar, Sohna, exercising the powers of the Assistant Collector 1st Grade, whereby mutation No.3249 has been sanctioned in favour of the Municipal Corporation, Gurugram.
3. According to the petitioners, the order dated 18.12.2015, which is assailed in CWP No. 7544 of 2016, in fact, overreaches an earlier order passed by the Financial Commissioner, Haryana, whereby mutation No. 3110 in respect of the same land, which was in favour of the Municipal Corporation, Gurugram, was set aside on 15.09.2014. The Municipal Corporation, Gurugram filed a revision petition against the said order dated 15.09.2014, which was dismissed on 21.10.2015. It is submitted that the Tehsildar, Sohna could not invalidate the order passed by the Financial Commissioner.
4. The dispute in the present petitions relates to part of the land in the revenue estate of village Gwal Pahari, Tehsil and District Gurugram. The land, which the petitioners claim, is comprised in Khewat No. 447/497, Rect. No. 18, Killa No. 19/2 (2-0), 20/2 (3-14), Khewat No. 448/498, Rect. No. 17, Killa No. 4/2 (2-19), 5/2 (6-9), Rect. No. 18, Killa No. 1/2 (5-14), Khewat No. 452/502, Rect. No. 18, Killa No. 20/3 (2-4), 21/1 (3-12), Rect. No. 23, Killa No. 1/1 (2-8), Khewat No. 449/499, Rect. No. 17, Killa No. 15/2 (1-11), 16 (8-0), 25/2 (1-8), Rect. No. 24, Killa No. 5/2 (0-19), Khewat No. 451/501, Rect. No. 17, Killa No. 14/2 (2-8), 15/1 (6-9), Rect. No. 18, Killa No. 11/1/1 (2-0), Khewat No. 498/521, Rect. No. 23, Killa No. 2 (7-2), Khewat No. 519/544, Rect. No. 23, Killa No. 1/3 (2-2) situated in the revenue estate of village Gwal Pahari, Tehsil and District Gurugram. The petitioners claim to have purchased the above-said land from private individuals.
5. Insofar as the dispute with regard to revenue entries is concerned, the provisions of Section 45 of the Punjab Land Revenue Act, 1887 (‘Act’ - for short) provide for suit for declaratory decree by persons aggrieved by an entry in a record. Section 45 of the Act reads as under:-
“45. Suit for declaratory decree by persons, aggrieved by an entry in a record: - If any person considers himself aggrieved as to any right of which he is in the possession by an entry in a record-of-rights or in an annual record, he may institute a suit for a declaration of his right under Chapter VI of the Specific Relief Act, 1877 Now the Specific Relief Act, 1963.”
6. The question whether the parties have any dispute with regard to title or the entries in the revenue records is liable to be settled in the Civil Court in terms of the above provision as also by way of seeking a declaration in terms of Chapter VI of the Specific Relief Act, 1963.
7. Therefore, the petitioners, if so advised, may avail their remedy before the Civil Court at Gurugram. Till such time, in order to avoid deterioration and misappropriation of the property, status quo shall be maintained by both the parties with respect to the said land. The status quo shall be in relation to alienation, construction, possession and change of nature of the land.
8. In fact, Shri Shyamal Mis
