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SURESHWAR THAKUR, LALIT BATRA
Gram Panchayat Dhanur – Appellant
Versus
Collector, Sirsa – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
Through the instant writ petition, the petitioner-Gram Panchayat lays a challenge to the order dated 12.12.1995 (Annexure P- 7), as made by the Collector, Sirsa whereby the latter allowed the suit of the plaintiff thereins, whereby he claimed that mutation in respect of the disputed lands be entered in his favour.
Brief facts of the case.
2. It has been averred in the writ petition that the petitioner- Gram Panchayat is the owner of the disputed lands which was being leased out by the Gram Panchayat from time to time.
3. That the land in question is Gair Mumkin Chhapar which was being used for the benefit of the village community. The entry in the name of Gram Panchayat has been done in terms of Notification No.6653/R/11/61/6239-57 dated 22.09.1961 and necessary mutation in favour of Gram Panchayat was entered into vide mutation No. 300 dated 22.02.1965. Since, 1965 till date the Gram Panchayat is in possession of the land in question as owner and the same is being used for the common purposes.
4. That one Ram Narain filed a petition before the Collector, Sirsa, for entering mutation of land measuring 49 kanals 19 marlas, comprised in Rect. No. 63, Ki
The Collector lacks jurisdiction to alter land mutations based on overruled amendments; disputes over land rights must be resolved through civil suits.
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
The court affirmed that prior judgments establishing land ownership create a statutory bar against subsequent claims, emphasizing the binding nature of res judicata.
The main legal point established in the judgment is the requirement for the Appellate Authority to consider all relevant documents and arguments before making a decision.
The court affirmed that lands classified as Shamlat Deh cannot be claimed for exclusive ownership without sufficient evidence of independent cultivation prior to 1950.
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