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2025 Supreme(P&H) 503

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI, JJ.
Gram Panchayat Bhudian - Appellant
Vs.
State Of Haryana And Others - Respondent
CWP No. 28866 of 2022 (O&M)
Decided On : 09-04-2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. Satish Chaudhary, Advocate
For the Respondent:Ms. Svaneel Jaswal, Additional Advocate General, Haryana. Mr. Parvinder Singh, Advocate

The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.

Headnote:(A) Punjab Village Common Lands (Regulation) Act, 1961 - Section 13-A - Quashing of orders - Writ petitions filed against dismissal of revision and appeals regarding ownership of common lands - Court affirms previous judgments declaring disputed lands as shamlat patti, not shamlat deh, attributing error to lower courts for misconstruing the nature of lands. (Paras 3-44)

(B) Jurisdiction of civil courts regarding shamlat deh lands - Includes prohibition against adjudicating disputes surrounding ownership rights of lands designated as common property under the Act - Highlights the statutory bar against civil courts' intervention in such matters. (Para 27)

Facts of the case:
The Gram Panchayat sought to quash prior orders stating the lands were classified as shamlat patti. Disputes arose over land ownership, stemming from past revenue entries and consolidation operations, with evidence presented suggesting the lands were not reserved for community use.

Findings of Court:
The claim by the Gram Panchayat that the lands were owned and reserved for public purposes was not substantiated by credible evidence. It concluded the entries in the revenue records favoring respondents should prevail.

Issues: Whether the disputed lands were shamlat patti or shamlat deh, and if lower courts correctly interpreted revenue records.

Ratio Decidendi: The presumption attached to the classification in revenue documents held significant weight; the Gram Panchayat did not present sufficient evidence to counter the established classifications.

Result: Both writ petitions dismissed; previous orders upheld.

Table of Content
1. overview of the factual background and preceding litigation. (Para 2 , 3 , 4 , 5)
2. details of appeals and revisional orders. (Para 6 , 7 , 8 , 9 , 10)
3. counsel arguments for the gram panchayat. (Para 11)
4. counterarguments by the respondents. (Para 12)
5. court's issues for determination regarding land classification. (Para 13 , 14 , 15)
6. discussion on rebuttable evidence and presumption. (Para 16 , 17 , 18)
7. legal analysis of the mutation process and its legality. (Para 19 , 20 , 21 , 22)
8. court's examination of related court decrees and jurisdiction. (Para 23 , 24 , 25 , 26)
9. interpretation of the savings clause in the act. (Para 27 , 28 , 29)
10. affirmation of revenue records and land classification. (Para 30 , 31 , 32)
11. conclusion on land usage and ownership. (Para 33 , 34 , 35 , 36)
12. reaffirmation of the illegality of the mutation. (Para 37 , 38 , 39 , 40)
13. final assertions on rightful ownership based on evidence. (Para 41 , 42)
14. final orders and dismissal of petitions. (Para 43 , 44 , 45)

JUDGMENT :

Sureshwar Thakur, J.

Since both the supra writ petitions arise from a common verdict, as, made by the learned Revisional Court concerned, therebys both become amenable for a common verdict being made thereons.

2. Through the instant writ petitions, the petitioner seek the quashing of the order dated 30.5.2022 passed by the learned Financial Commissioner, Haryana, wherebys the revision petition filed against the order dated 24.11.2021, passed by the learned Commissioner concerned, became dismissed, besides therebys the order dated 24.12.2020, passed by the learned Collector, Ambala, and, the order dated 24.11.2021, passed by the Commissioner, Division Ambala dated 24.11.2021, thus became affirmed.

3. For brevity, the facts are being taken from CWP No. 29007 of 2022.

4. It is averred in the instant petition, that initially two suits became filed under Section 13 -A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act of 1961'). One of such filed suit(s) was by one Ram Ji Lal (respondent No. 5 in CWP No. 28866 of 2022) and others against the Gram Panchayat Bhudian. In the said suit, the plaintiffs claimed the rendition of a declaratory relief for theirs becoming declared owners in possession of the suit land, besides claimed the relief of permanent injunction, thus for restraining the Gram Panchayat from interfering in the peaceful possession of the plaintiffs over the disputed/subject lands. The other suit became filed on 10.5.2007, rather by Gram Panchayat Bhudian against Roop Singh (respondent No. 5 in CWP No. 29007 of 2022) and others. In the said suit, the Gram Panchayat claimed the rendition of a declaratory relief for therebys its becoming declared owner in possession of the suit land. In both the supra civil suits, common lands were involved.

5. The learned Collector concerned, through a decision made thereons, on 22.2.2011, non-suited the supra plaintiff-Ram Ji Lal (respondent No. 5 in CWP No. 28866 of 2022), whereas, the suit of the Gram Panchayat was decreed in favour of the plaintiff-Gram Panchayat concerned.

6. Being aggrieved therefrom, the above said Roop Singh and Ram Ji Lal, preferred two separate statutory appeals before the learned statutory appellate authority concerned. Through an order made thereons on 21.5.2013, the learned appellate authority concerned, set aside the order dated 22.2.2011, and, remanded the case to the learned Collector concerned with a direction to decide the matter afresh but after hearing both the parties.

7. The learned Collector concerned, through an order dated 24.12.2020, dismissed the suit bearing No. 15/13-A preferred by the Gram Panchayat concerned, whereas, the suit bearing No. 190/13-A preferred by Ram Ji Lal became decreed in his favour.

8. Being aggrieved from the said verdicts, the Gram Panchayat concerned, preferred two separate appeals before the learned Commissioner concerned. However, through a common order made thereons, o

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