2023 Supreme(P&H) 2274
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Ranjit Singh & Ors. – Petitioners
Versus
State of Punjab & Ors. – Respondents
CWP-13931 of 2016(O&M)
Decided On : 21-02-2023
Mr. S.D.Sharma, Sr. Advocate assisted by Mr. S.S.Salar, Advocate and Ms. Sakshi Verma, Advocate; For the Petitioners
Mr. Maninder Singh, DAG, Punjab.
Mr. Yagyaan Ajay, Advocate for Mr. Kawaljyot Singh, Advocate for Respondents No.4 to 6.
Headnote:(A) Punjab Village Common Lands (Regulation) Act, 1961 - Sections 7 and 11 - Directions given regarding the sale and registration of land belonging to Gram Panchayat and recorded as ‘Shamlat Deh’ - The court addresses the validity of orders made without the requisite jurisdiction by the Financial Commissioner, emphasizing that authorized actions should fall under the capable authorities stipulated in the Act. (Paras 2, 6, 7)
(B) Judicial Authority - Mandate for jurisdictional competence - Expression of views on merits and directions for appropriate action without empowering unauthorized decision-making bodies. (Para 6)
Facts of the case:
Petitioners contested directions regarding the sale of certain lands, asserting that the Financial Commissioner lacked jurisdiction to make determinations that should have been under the purview of authorities defined by the Act.
Findings of Court:
The impugned letter and order regarding land sales are quashed due to lack of jurisdiction by the Financial Commissioner, upholding the statutory framework of the Act.
Issues: The core question was the validity of the Financial Commissioner's actions related to land management.
Ratio Decidendi: The court found that unauthorized actions violate the principles laid out in the Act, necessitating that jurisdiction concerning such lands must be exercised by the designated authority.
Result: Petition allowed; impugned orders quashed.
| Table of Content |
|---|
| 1. directions regarding land transactions (Para 1) |
| 2. pending petitions and tribunal appointment issue (Para 2 , 3) |
| 3. report submission by tribunal (Para 4) |
| 4. jurisdictional challenge to orders (Para 5 , 6) |
| 5. quashing of previous orders and liberty to challenge (Para 7 , 8 , 9) |
JUDGMENT
Sureshwar Thakur, J. (Oral)
The petitioners aggrieved from the making of echoings in Annexure P-14. In Annexure P-14, there are references, to the institution of CWPs No. 1973, 3536, 3538, 3539 of 2010 and 24018 of 2011, before this Court, and, also there are reference thereins, that on the said writ petitions, the hereinafter extracted directions were passed:-
"In the meanwhile the respondents shall ensure that land belonging to Gram Panchayat, land reserved for common purposes and recorded as "Shamlat Deh" and Jumla Mustarka Malkan are not sold or transferred in any manner.
Besides this, you might have read that in another case, the Hon'ble Court has appointed a tribunal headed by Sh.Kuldip Singh, retd. Judge of Supreme Court, which will enquire into Govt/Panchayati/Jumla Mustarka Malkan etc. lands regarding illegal distribution/sale of such lands.
Keeping in view the order of the Hon'ble Court, till further orders the sale deeds regarding the Gram Panchayat land, the land reserved for common purposes, the lands recorded as shamlat deh or Jumla Mustarka Malkan in the revenue record or which might have been recorded so at any point of time, or the land once recorded in the name of Govt., be not registered. If earlier any such sale deed is registered, then mutation be not sanctioned.
The above said directions be immediately got notified for strict compliance by the officers subordinate and under control of you."
2. However, it is fairly stated at the bar by the learned Senior counsel appearing for the petitioners that SLP bearing No.24518/2012 as became directed against the order (Supra), as became passed by this Court in, CWPs No.1973, 3536, 3537, 3538 and 3539 of 2010, though is still pending, but he also further stated, at the bar, that the stay as was granted by the Hon'ble Supreme Court against the operation of the hereinafter extracted order rather been vacated. Therefore, believing the above made statement by the learned Senior counsel appearing for the petitioners, this Court can, thus, prima facie construe that the directions contained in the said writ petition do acquire force.
3. However, it is fairly stated at the bar by the learned Senior counsel appearing for the petitioners, that the appointment of Justice Kuldeep Singh (Retd.) Judge of the Supreme Court as Head of the Tribunal hence for making an enquiry into Govt./Panchayat/Jumla Mustarka Malkan etc. lands regarding illegal distribution/sale of such lands rather is no longer functional.
4. However, it appears from a reading of order drawn on 9.2.2016, that, the Tribunal headed by Justice Kuldeep Singh (Retd.) had prepared, and, also submitted its report to the State Government, and, the said report is under consideration, and, is in the process of implementation.
5. The writ petitioners had earlier instituted CWP-25817 of 2014, seeking quashing of the letter dated 30.5.2012. A reading of the operative part of the verdict, as drawn in the said writ petition by this Court, and, which becomes extracted hereinafter, imminently discloses that this Court had without expressing any views on the merits of the said writ petition, had proceeded to dispose of the petition (Supra) with a direction to the State Government, to consider the petition as a representation of the petitioners, and, also made a further direction qua consideration of their claims but keeping in view all the relevant factors. It is fairly stated at the bar, by the learned counsel appearing for the contesting litigants, that the above consideration order, as became made on petition (Supra) rather has remained unchallenged. Therefore, the consideration order, as became passed by this Court on petition (Supra),