JUDGMENT

Sureshwar Thakur, J.

CM-19525-CWP-2018 IN CM-4163-CWP-2016

The instant application has been filed under section 151 of CPC for hearing of CM-4163-CWP-2016, and, to allow the applicant-Gram Panchayat to utilize the auction amount or any part of auction amount.

The instant application is allowed, and, the applicant-Gram Panchayat, is ordered to utilize the auction amount, but only in accordance with law.

CWP-19130-2007

The petitioners instituted a petition under Section 11 of The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the "Act of 1961). In the said petition the petitioners claimed a declaratory decree that they be pronounced as owners in possession of the suit lands measuring about 202 acres. The learned Collector concerned, through an order made thereon i.e. on 27.01.2005 accepted the petition (supra), and, declared the petitioners to be owners in possession of the suit lands. The reason which prevailed, upon the learned Collector to make the declaratory verdict became rested, upon the factum that since the revenue entry appertaining to the petition lands describes them to be Jumla Mushtarka Khewat. Therefore, with the petitioners rather in proportion to their other lands in the Mohal concerned, hence held evident cultivating possession of the petition lands. Thus any reservation from such lands, and/or, any deduction from such lands, in the finalized Consolidation Scheme qua the panchayat concerned, was grossly impermissible. Resultantly, it became concluded that the petitioners were entitled to the declaratory verdict.

Reasons Assigned By The Learned Appellate Court For Dismissing The Petitioners' Title Suit

2. The aggrieved therefrom Gram Panchayat, instituted an appeal bearing No.208 of 2005 before the learned Commissioner. The above appeal became decided on 17.10.2007. The learned Appellate Court after scrutinizing the revenue records, came to a conclusion, that the revenue entries revealed, that the petitioners were cultivating the petition lands, as najaij kabaz or as unauthorized cultivators, and/or, on payment of chakota to the Gram Panchayat. Therefore, a further conclusion became drawn, that since the above lands, were respectively, put to unauthorized cultivation, and/or, were assigned on lease to the petitioners, despite, such lands becoming reserved for the entire village proprietary body, hence in the finalized consolidation operations, therefore, the petitioners ,were not entitled to claim the declaratory decree.

3. The learned Commissioner also while making the above decision, on the appeal (supra), had placed reliance upon the conclusive and binding verdicts, as became recorded by this Court in CWP-18897-1997, decided on 06.05.1999, titled 'Gram Panchayat and others v. Additional Director Consolidation and others' wherein a successful challenge was cast at the instance of the petitioners therein with respect to the order drawn by the Officer, exercising jurisdiction, under, The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as "Act of 1948), whereby after a gap of 40 years rather occurring since the happening of the finalized Consolidation Scheme, yet the Competent Authority, accepting the motion as become(s) cast before him, by the petitioners hence for the redistribution or repartitioning to them, of the lands which became assigned, to the Gram Panchayat concerned. The above verdict was as revealed by SLP (Civil No.12132-1999) hence unsuccessfully challenged before the Hon'ble Apex Court.

4. The petitioners became aggrieved from