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2023 Supreme(P&H) 1748

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, Kuldeep Tiwari, JJ.
Punjab Wakf Board – Appellant
Versus
Gram Panchayat, Jainpur & Ors. – Respondents
CWP No. 12538 of 2010
Decided On : 11-01-2023

Advocates appeared:
For the Parties : Mr. G.N. Malik, Mr. Vaibhav Sehgal, Mr. Balbir Singh, Mrs. Sushma Chopra, Mr. Arun K. Bakshi, Mr. Sudhir Paruthi, Mr. Maninder Singh Sr. DAG, Punjab

Headnote:(A) Punjab Village Common Lands (Regulation) Act, 1961 - Sections 7 and 11 - Dispute regarding land designated as Gair Mumkin Kabaristan - Gram Panchayat's petition for ejectment of the Wakf Board was upheld based on the historical classification of the land as a graveyard, rejecting Wakf Board's claims to ownership - The court emphasized that entries in revenue records assigning public character to the graveyard could not be altered based on prolonged non-user. (Paras 20, 30, 31)

(B) Jurisdiction - The exercise of authority by the Punjab Wakf Tribunal was deemed valid, based on historical entries as conclusive proof delineating the land's purpose, outweighing any contrary classification by the Gram Panchayat. (Paras 14, 32)

Facts of the case:
The dispute arose over the classification of land in two villages as Gair Mumkin Kabaristan, with the Gram Panchayat stating it had leased the land and the Wakf Board contesting ownership based on historical claims. The authority dismissed the appeals filed by the Wakf Board against prior orders. (Paras 6-10)

Findings of Court:
The court found that the authority declared the land a graveyard and thus the jurisdiction of the Wakf Tribunal prevailed, quashing the orders of the Gram Panchayat. (Paras 28, 33)

Issues: Whether Gram Panchayats could lease land designated as Kabaristan, whether prolonged non-user affects the designation as Wakf property, and the jurisdictional competence regarding these lands amidst conflicting statutory provisions. (Paras 1, 2)

Ratio Decidendi: The court affirmed that rights pertaining to land described as Gair Mumkin Kabaristan remain intact despite non-user, enhancing the legal weight of revenue records classifying the land as public. (Paras 30, 31)

Result: Civil Writ Petitions allowed; the orders of the statutory authorities set aside.

Table of Content
1. consolidation of writ petitions due to common questions. (Para 1 , 2 , 3)
2. facts regarding land disputes initiated by gram panchayats. (Para 4 , 5 , 6)
3. wakf board's efforts to affirm ownership amidst challenges. (Para 7 , 8 , 9)
4. formulation of key legal questions for deliberation. (Para 10)
5. arguments from both parties regarding jurisdiction and property rights. (Para 12 , 13)
6. court's reasoning on jurisdictional authority and property classification. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20)
7. final order affirming wakf property status and jurisdiction. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34)

Judgment

Mr. Sureshwar Thakur, J.

The Wakf Board concerned, and, one Sandeep Kumar become aggrieved from the concurrently made orders by the statutory authorities concerned. The above concurrent orders were made, upon a motion made by the Gram Panchayats concerned, under Section 11 , and, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act’). The Punjab Wakf Board is aggrieved from the above concurrently made orders against it, and, is led to constitute thereagainst Civil Writ Petition No. 12538 of 2010, and, Civil Writ Petition No. 28699 of 2017, before this Court. Petitioner Sandeep Kumar being also aggrieved from the above made concurrent order, has also instituted Civil Writ Petition No. 27039 of 2017, before this Court.

2. Though, the properties encapsulated in the writ petitions (supra), are located in different mohals, but since the revenue entries in relation to all the writ petitions, are almost common. Moreover, when the hereinafter formulated common questions of law, arise for determination in the writ petitions (supra). Therefore, all the writ petitions are capable of being decided through a common verdict.

3. Moreover, the aggrieved concerned, from the verdicts, as made respectively by the Wakf Tribunal concerned, on 20.10.2005, and, on 16.10.2010, have also made a challenge to the verdicts (supra), through constituting there against Civil Revision No. 1699 of 2012, and, Civil Revision No. 5608 of 2014, before this Court. Since even for the makings of effective adjudication(s), upon the Civil Writ Petitions (supra), the hereinafter formulated questions of law, are also common to the Civil Revision Petitions (supra), besides when they relate to almost the same revenue entries, as occurring in the relevant revenue records. Thus, though the petition lands are located in different mohals, yet the Civil Revision Petitions (supra) are also capable of being decided along with the Civil Writ Petitions (supra), rather through a common verdict.

Facts of CWP No. 12538 of 2010

4. Gram Panchayat of village Jainpur, instituted a petition under Section 7 of the Act for seeking the ejectment of the Wakf Board concerned, from land bearing Khasra No. 47(75-06) and 48(38-07), khata/khatani No. 217/256, village Jainpur, Tehsil and District Ludhiana. The relevant revenue entries, relating to the petition property, and, as become carried in the jamabandi, drawn for the year 1956-57, make echoing thereins that the petition land is described as Gair Mumkin Kabaristan. It is averred in the petition (supra), that the respondent-Gram Panchayat had illegally given the land in dispute on lease, whereas, it held no right or concern over the land in dispute. The said petition was allowed by the competent authority concerned, vide order dated 2.12.2003. Aggrieved against the order (supra), the Punjab Wakf Board preferred an appeal before the learned Appellate Authority concerned. However, the same was dismissed by the learned Appellate Authority concerned vide order dated 22.5.2009. Therefore, the instant petition before this Court.

xe "Facts of CWP No. 28699 of 2017"Facts of CWP No. 28699 of 2017

5. Gram Panchayat of village Apra, instituted a petition under Section 11 of the Act for seeking the ejectment of the Wakf Board concerned, from land measuring 38 kanals, 7 marlas, bearing khewat No.

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