The court affirmed that lands classified as Shamlat Deh cannot be claimed for exclusive ownership without sufficient evidence of independent cultivation prior to 1950.

JUDGMENT

Mr. Sureshwar Thakur, J.

Since both the writ petitions make a challenge to common thereto impugned orders of 01.06.2006 (Annexure P-13), and of 07.03.2006 (Annexure P-12) respectively passed by the Commissioner, and, by the Collector concerned, wherebys became quashed the assigning of a declaratory decree vis-a-vis the present petitioners by the Assistant Collector concerned, through the latter making Annexure P-11, besides when the contempt petition also arises from the orders passed in writ petitions (supra), therefore all the (supra), petitions are amenable to be decided through a common verdict.

2. For the sake of brevity, the facts are taken from CWP- 12493-2006.

Facts

3. It is pleaded in the writ petition, that the suit lands in the jamabandis respectively enclosed with the writ petition, as Annexure P-1 to P-3, and, which appertain respectively to the years 1907-08, 1938-39 and 1945-46, thus in the column of ownership thereof, rather being stated to become owned by Shamlat Deh Hasab Hissa Malkiat and, with the column of cultivation thereof, making speakings qua an entry of Makbooja Maalkan thus existing therein. Therefore, it is contended that the disputed lands were Bachat Lands, and/or, were reserved after pro rata cuts, being made from the lawful estates of the present petitioners, thus thereby the petitioners claim that they are entitled to re-partition and redistribution thereofs to them, and/or, that they be declared lawful owners in possession of the disputed lands.

4. That the interpretation made by the Assistant Collector concerned, in Annexure P-11 to the said entries, thus was an apt and lawful interpretation and was not required to be annulled, through the makings of the impugned annexures.

5. That since in Annexure P-7, annexure whereof, is the consolidation scheme which became prepared in respect of the disputed lands, thus the disputed lands are not declared to be reserved for any common purposes of the village. Therefore, the order of mutation, as embodied in Annexure P-6 whereby right, title and interest over the disputed lands became conferred, upon the Panchayat concerned, rather is unlawful.

Submissions Of The Learned Counsel For the Petitioners

6. Learned counsel for the petitioners has argued, that despite an able interpretation being made by the Assistant Collector concerned, vis-a-vis the above revenue entries as carried in Annexure P-11, wherebys the petitioners became well entitled to seek re-partition and re-allotments to them of the disputed lands, yet through the impugned annexures, a misplaced reliance becomes made, upon the Sharat Wajiz ul Arz, whereins, the disputed lands become depicted as Shamlat Deh, and, as such were declared to be impartible.

Analysis Of The Submissions Of The Learned Counsel For the Petitions And The Reasons For Rejecting The Same Therebys Dismissing The Writ Petition

7. Though in the column of ownership and in the column of cultivation the suit lands in the jamabandis (supra), do become spoken to become owned and cultivated respectively by Shamlat Deh Hasab, Hissa, Malkiyat and, and, by Makbooja Malkan, but significance is also assumed by the descriptions qua the disputed lands becoming made in the classification column, as carried in the jamabandis (supra), whereins, they become categorized to be Gairmumkin Pahar, Bhur, Tilla, Banjar Kadim. Therefore, prima facie the above classification assigned to the disputed lands, thus in the classification column of the jamabandis (supra), does make the suit lands to be uncultivable.

8. However, much strength is attempted to be derived by the learned counsel for the petitioners, from an entry occurring in the ownership of the jamabandi (supra), whereins the disputed lands become assigned the nomenclature of Shamlat Deh Hasab Rasab Khewat, and, also much strength is attempted to be derived by the learned counsel for the petitioners, from the entry of Makbooja Malkan, as exists in the column of cultivation in the jamaband