Punjab-Haryana High Court
Gram Panchayat Village Jassowal vs State Of Punjab And Ors on 12 April, 2023
Neutral Citation No:=2023:PHHC:050377-DB
CWP-6698-2015 (O & M)
and CWP-9516-2015 (O & M) -1- 2023:PHHC:050377-DB
212
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
Date of Decision : 12.04.2023
1. CWP-6698-2015 (O & M)
DHARAM SINGH AND ORS .....Petitioner
Versus
STATE OF PUNJAB & ORS ....Respondents
2. CWP-9516-2015 (O & M)
GRAM PANCHAYAT VILLAGE JASSOWAL .....Petitioner
Versus
STATE OF PUNJAB & ORS ....Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. K.S.Dhillon, Advocate
for the petitioners in CWP-6698-2015.
Mr. Vijay Sharma, Advocate
for the petitioner in CWP-9516-2015.
Mr. Maninder Singh, DAG, Punjab.
Mr. Nakul Sharma, Advocate
for respondent No. 4 in CWP-9516-2015 and
for respondent No. 5 in CWP-6698-2015.
****
SURESHWAR THAKUR, J. (Oral)
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Neutral Citation No:=2023:PHHC:050377-DB
CWP-6698-2015 (O & M)
and CWP-9516-2015 (O & M) -2- 2023:PHHC:050377-DB
1. The Gram Panchayat Village Jassowal is aggrieved from the
order drawn by the Joint Development Commissioner, Special Secretary,
Government of Punjab (hereinafter referred to as the Secretary). The said
order is enclosed in Annexure P-7. In the impugned order, the Secretary
had set aside the order made by the Director concerned, whereby he had
cancelled the resolution of 21.05.2011, as passed by the Gram Panchayat
Jassowal. The proposal thereins, that the residents of the purportedly
unauthorized colony, being permitted to make lawful user of a passage or
a path, to enable them to access their homesteads, despite, the said path
being constructed on a gair mumkin pond or gair mumkin toba, but
became rejected. The Collector had obviously concluded, that the said
Gair Mumkin pond or Gair mumkin Toba, cannot permissibly be used for
any other purpose, than the afore permissible user thereof, and or, the
disputed lands, cannot be lawfully converted to any other user. Moreover,
the Director concerned, had also concluded, that in case the resolution is
approved, thereupon, the interdiction cast, against conversion of a gair
mumkin pond to some other user, hence in a judgment made by the
Hon'ble Apex Court in Civil Appeal No. 1132 of 2011, titled as 'Jagpal
Singh Versus State of Punjab', decided on 28.01.2011, rather would
become breached.
2. The above made reasons by the Director concerned, became
completely dis-concurred by the Secretary through his drawing the
impugned order. The reason as prevailed, upon, the Secretary to dis-
concur with the order, as became made by the Director concerned,
whereby, he had cancelled the above resolution of the Gram Panchayat
concerned, became rested on anvil, that the revenue record appertaining to
khasra No. 610 hence carrying a measurement of 9 bighas 5 biswas,
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Neutral Citation No:=2023:PHHC:050377-DB
CWP-6698-2015 (O & M)
and CWP-9516-2015 (O & M) -3- 2023:PHHC:050377-DB
though describes the said khasra number to be a gair mumkin pond, but
the said revenue entry is prima facie an unauthorized revenue entry, as in
the latest revenue record, the above said khasra number has been entered
as a gair mumkin pit. Therefore, a conclusion was made by the Secretary,
that the decision as became made by the Director, on anvil of the above
purported erroneous entry, reflecting the petition properties to be gair
mumkin toba, is but, a completely erroneous, and or, is a fallaciously
drawn conclusion.
3. Though, during the pendency of the instant writ petition, this
Court had directed the Collector of the revenue district concerned, to make
a report in respect of the above controversy, as engages this Court, and,
the elicited report, has been placed on record. However, a perusal of the
elicited report, though discloses that a passage of 7 karam width and 66
karams length, is created on Khasra No. 610. Furthermore, it also states
that the area of the passages is 1 bighas 3 biswas. Moreover, it is also
stated in the report, that a pond on an area of about 4 bighas 11 ½ biswas,
is also in existence. Nonetheless in the said report, there is no clear
depiction whether as a matter of fact, the said road/passage with the above
width and length, as made on khasra no. 610, is also made, within the gair
mumkin toba, carrying a dimension of 4 bighas 11 ½ biswas. Therefore, in
the face of the above deficit report qua whether the passage has been
created, on a pond or not, this Court prima facie cannot disagree with the
conclusions, as have been drawn by the Secretary, rather in his making the
impugned order.
5. Be that as it may, it appears that the Secretary though may not
have made ad nauseam discussion in respect of the validity of the initial
made entries in the revenue records, depicting the suit lands to be gair
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CWP-6698-2015 (O & M)
and CWP-9516-2015 (O & M) -4- 2023:PHHC:050377-DB
mumkin pond, and or, may not have made any further ad nauseam
discussion nor any firm valid conclusion about the validity of the latest
entries in the revenue records rather depicting the petition lands to be not a
gair mumkin toba rather thereons being a gair mumkin pit. However, the
above deficiency, in the makings of pronouncements, about the validity of
the said entries rather cannot, at this stage, be either looked into by this
Court, nor can become adjudged by this Court, as the jurisdictional
competence to decide, the issue qua validity of the revenue entries,
respectively initially depicting the petition lands as a gair mumkin pond,
and, subsequently depicting them as gair mumkin pit, is at this stage, not
vested either in this Court or in the Secretary. Contrarily, the jurisdiction
to make a valid decision in respect of the validity of the makings of the
revenue entries concerned, respectively initially depicting the petition
lands as a gair mumkin toba or subsequently depicting them as gair
mumkin pit, rather does solitarily vest in the civil Court concerned.
6. Therefore, at this stage, after affirming the impugned order,
yet this Court makes the said order to be subject to a decision to be arrived
at by the learned Civil Court of competent jurisdiction, wherebefore, the
aggrieved concerned, may institute a civil suit, claiming a declaratory
relief that the latest revenue entries, depicting the petition lands as gair
mumkin pit, are unauthorizedly made, and, that the initially made revenue
entries, in the revenue record, depicting the petition lands as gair mumkin
pond, rather was an authorizedly made revenue entry in the revenue
record.
7. The said civil suit be ensured to be forthwith instituted.
8. Both the petitions are disposed of alongwith all pending
applications, if any, with the afore common order.
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CWP-6698-2015 (O & M)
and CWP-9516-2015 (O & M) -5- 2023:PHHC:050377-DB
9. A photocopy of this order be placed on the file of other
connected case.
(SURESHWAR THAKUR)
JUDGE
(KULDEEP TIWARI)
12.04.2023 JUDGE
kavneet singh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:050377-DB
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