The main legal point established in the judgment is the interpretation of the jurisdiction of the Commissioner to hear the revision petition under Section 13-B(2) of the Act of 1961.

JUDGMENT

Rakesh Kumar Jain. J (Oral) - This order shall dispose of two writ petitions bearing CWP No.29038 of 2018 and CWP No.12579 of 2018 as the issue involved in both the writ petitions is same. However, for the sake of convenience, facts are being taken from CWP-29038-2018.

CWP-29038-2018

2. An interesting question has arisen in this petition as to whether a revision under Section 13-B(2) of the Punjab Village Common Lands (Regulation), Act, 1961 (for short ' the Act of 1961') would be maintainable before the Commissioner against the order passed by the Collector on an application filed under Section 7 of the Act of 1961?

3. In brief, the facts are that respondent no.5 filed an application under Section 7(2) of the Act of 1961 against the present petitioners for seeking their eviction from the land falling in khasra no.14 (6-7), stated to be a Gair Mumkin Abadi, on the ground that the said land is a shamlat deh. The application was allowed by the Assistant Collector 1st Grade (for short 'ACIG'), Indri District Karnal vide its order dated 12.02.2018 (Annexure P-5). An appeal filed by the petitioners against that order under Section 13-B (1) of the Act of 1961 was dismissed by the Collector on 22.10.2018 (Annexure P-7). The petitioners have, thus, approached this Court by way of writ petition invoking the extra ordinary jurisdiction under Articles 226/227 of the Constitution of India on the ground that the writ petitioners have no other remedy under the statute.

4. At the threshold, counsel appearing for respondentno.6 has submitted that the petitioners have a remedy of revision against the order of Collector in terms of Section 13-B(2) of the Act of 1961. In this regard, he has relied upon a Division Bench judgment of this Court in the case of Orion Infrastructure Ltd. vs. Commissioner. Gurgaon Division. Gurgaon and others, (2012) 3 RCR (Civil) 247. On the other hand, counsel for the petitioners submits that the remedy of revision under Section 13-B(2) of the Act is confined to an order passed in terms of proviso of sub section 1 of Section 7 of the Act of 1961. In support of his contention, he has relied upon division Bench judgments of this Court rendered in Leela Ram vs. Gram Panchavat. Jailaf (1997) 4 RCR (Civil) 354 and Gram Panchavat village Badangi vs. State of Harvana and others, (2015) 23 RCR (Civil) 683.

5. We have heard learned counsel for the parties and perused the record with their assistance.

6. In order to decide the aforesaid question, it would be relevant to refer to certain provisions of the Act of 1961 at the first instance which are reproduced as under:-

Section 7 of the Act of 1961

"7.(1) An Assistant Collector of the first grade having jurisdiction in the village may, either suo motu or on an application made to him by panchayat or an inhabitant of the village or the Block Development and Panchayat Officer of Social Education and Panchayat Officer, or any other Officer authorised by the Block Development and Panchayat Officer, after making such summary enquiry as he may deem fit and in accordance with such procedure as may be prescribed, eject any person who is in wrongful or unauthorized possession of the land or other immovable property in the shamilat deh of that village which vests or is deemed to have been vested in the panchayat under this Act and Put the panchayat in possession thereof and for so doing the Assistant Collector of the first grade may exercise the powers of a revenue court in relation to the execution of a decree for possession of land under the Punjab Tenancy Act, 1887.

Provided that if in any such proceedings the question of title is raised and proved prima facie on the basis of documents that the question of title is really involved, the Assistant Collector of the first grade shall record a finding to that effect and first decide the question of title in the manner laid down hereinafter.

(2) The Assistant Collector of the first grade shall by an order, in writing, require any pe