The main legal point established in the judgment is that the resolutions passed by the Gram Panchayat and the stand taken by the Block Development and Panchayat Officer were deemed adequate to comply with the decree, and no further jurisdiction under Article 227 of the Constitution of India was warranted.

JUDGMENT

Anil Kshetarpal, J. - This judgment shall dispose of a bunch of civil revision petitions filed under the Article 227 of the Constitution of India. The various petitioners assail the correctness of identically worded separate orders passed by the learned Additional Civil Judge, Senior Division, Sonepat on 25.09.2012, while disposing of objection petition filed by the judgment debtor in the execution proceedings.

Some peculiar facts are required to be noticed.

2. As many as 146 villagers filed a suit for grant of a decree of declaration and mandatory injunction claiming title over the land which was allegedly allotted to them for being used as manure pits vide resolution of Gram Panchayat dated 30.08.1994. In the suit, there were two defendants namely the Gram Panchayat through its Sarpanch and Hawa Singh, Ex- Sarpanch of the village. It may be noted here that the suit was disposed of as a statement was made on behalf of the Gram Panchayat that it will have no objection to the permission is granted by the Administration to the Gram Panchayat with regard to the usage of the allotted area i.e. the said land as manure pits. The copy of the statement of Amar Singh, Sarpanch is extracted as under:-

'It is stated that the Gram Panchayat, Nangal Khurd, will have no objection to the permission granted by the Administration to the Gram Panchayat with regard to manure pits. They have no objection to the details of manure pits given in the resolution. Lok Adalat may decide the matter accordingly. (or words to that effect).' The suit was disposed of on 17.11.2006, with the following order:- 'Heard. The suit stands disposed of as per the statement of the parties. Parties are bound with their statements and to bear their own costs. Decree sheet be drawn accordingly and file be consigned to the record room. Announced in open court. Sd/- Dated 17.11.2006 Addl. Civil Judge (Sr. Division) Sonepat.'

3. The plaintiffs filed the execution petitions which were dismissed as premature by the Executing Court on 17.12.2009. It may be noted here that the Executing Court noticed that no permission from the appropriate Government, for allotment of the land for its usage as manure pits has been received. The correctness of the aforesaid order was assailed by filing Civil Revision Nos. 1600 to 1603 of 2010, which were subsequently dismissed as withdrawn with liberty to the petitioner to go back to the Executing Court. Thereafter, certain plaintiffs filed fresh execution applications, whereas, others filed applications for review of the order dated 17.12.2009. The Executing Court has disposed of all the execution petitions vide an order dated 25.09.2012.

4. At this stage, it is significant to note that as per Rule 8 of The Punjab Village Common Lands (Regulation) Rules, 1964, the Gram Panchayat may, if necessary, earmark suitable piece of land to be used as manure pits by the inhabitants of the village on such nominal charges as may be fixed by it. No doubt, the Rules give discretion to the Panchayat to exempt the payment of the such charges with respect to a member of the Scheduled Caste or Backward Classes, any other landless labourer or a tenant. Rule 8 is extracted as under:-

'8. (1) The land in Shamilat deh declared by the Panchayat by a resolution in writing, as pasturable may be utilized by the residents of the village for :- (a) grazing purposes; or (b) collecting dry fuel-wood from the jungle on terms laid down by the Panchayat. (2) Open spaces near the abadi deh may, with the previous permission of the Panchayat and in the manner laid down by it be utilized by the inhabitants of the village for threshing the harvests. (3) 2 [Omitted]. (4) The Panchayat may, if necessary, earmark suitable land for use as manure pits by the inhabitants of the village on such nominal charges as may be fixed by it : Provided that the Panchayat may exempt a member of Scheduled Caste or Backward Class or any landless labourer or tenant, on the grounds of poverty from th