Punjab-Haryana High Court
Bansidhar Alias Banshi Lal And Ors vs State Of Haryana And Others on 22 November, 2023
Bench: Sureshwar Thakur, Sudeepti Sharma
Neutral Citation No:=2023:PHHC:148415-DB
CWP-21513-2022 -1-
2023:PHHC:148415-DB
108
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-21513-2022
Date of decision:22.11.2023
BANSIDHAR ALIAS BANSHI LAL AND ORS.
...Petitioners
Versus
STATE OF HARYANA AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. Sandeep K.Yadav, Advocate
for the petitioners.
Mr. Ankur Mittal, Addl. AG Haryana with
Mr. Saurabh Mago, DAG, Haryana.
****
SURESHWAR THAKUR, J. (ORAL)
1. One Hira instituted file No.289/VCL on 19.12.1981 before the
learned Assistant Collector concerned. In the said file, he claimed the
rendition of a declaratory decree, for his becoming declared to be the lawful
owner in possession of the suit lands.
2. However, through a decision made thereons, on 15.02.1983
(Annexure P-1) the said declaratory decree became declined to the writ
petitioners, thus on the ground, that they are recorded as "Gair Marusi"
over the suit lands.
3. Learned counsel for the petitioners fairly submits before this
Court, that the said decision remained unassailed before the competent
Appellate Authority concerned, therefore, it has acquired binding, and,
conclusive effect.
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4. Since the revenue entries clearly depict that the suit lands is
"Shamlat Deh". Therefore, since Section 7 of The Haryana Village Common
Lands (Regulation) Act, 1961 (hereinafter referred to as "the Act")
empowers any individual to assert a claim over the said nature of revenue
entries. Resultantly, one Mukhtyar Singh, an estate holder or a proprietor in
the revenue estate concerned, proceeded to, on 06.12.2011 institute a
petition under Section 7 of the Act, before the learned Assistant Collector
concerned. On the said petition a decision (Anneuxre P-5) became rendered
on 22.11.2022, whereby the respondents, plaintiffs in Annexure P-1, were
declared to be not amenable to retain possession of the suit lands, thus, on
the basis that the above rendered dis-affirmative declaratory decree on the
plaintiff's suit remained unchallenged, at the instance of the respondent-
judgment debtor in Annexure P-1. The decision as made on the said petition
(Annexure P-5) resulted in the aggrieved-judgment debtor assailing the
same, through instituting a statutory appeal before the learned Collector
concerned. However, the learned Collector concerned, proceeded to affirm
the verdict Annexure P-5, through his making Annexure P-7.
5. Since conclusivity and finality became acquired by Annexure
P-1, therefore, but naturally the verdicts of eviction based thereons, do
concomitantly also acquire binding and conclusive effect.
6. Though, at this stage, the learned counsel for the petitioners has
vehemently argued before this Court, that since in the ownership column
relating to the jamabandi, the Gram Panchayat concerned, has been entered
to be owner the suit lands. Therefore, he contends that much vigor before
this Court, that the Gram Panchayat concerned, alone was vested, with an
able empowerment, to institute a petition under Section 7 of the Act, before
the learned Assistant Collector concerned, and, that the petitioner in the said
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petition was disabled to institute a petition for eviction before the learned
Assistant Collector concerned.
7. However, the above made argument is extremely flimsy and is
also legally frail, inasmuch as, Section 7 as occurs in the Act, provisions
whereof becomes extracted hereinafter, does bestow a leverage, in any
private individual, to institute a petition for eviction before the learned
Assistant Collector concerned, especially when the petition lands are
described in the revenue records as "Shamlat Deh", besides when in respect
thereof, any member of the village proprietary body, may have a right of
common user along with the other members of the village proprietary body
concerned.
"7. Power to put Panchayat in possession of certain lands.-- [(1)
An Assistant Collector of the first grade having jurisdiction in the
village may, either suo moto or on an application made to him by a
Panchayat or an inhabitant of the village or the Block Development
and Panchayat Officer or Social Education and Panchayat Officer,
or any other Officer authorised by the Block Development and
Panchayat Officer, after making such summary enquiry as he may
deem fit and in accordance with such procedure as may be
prescribed, eject any person who is in wrongful or unauthorised
possession of the land or other immovable property in the shamilat
deh of that village which vests or is deemed to have been vested in
the panchayat under this Act and put the panchayat in possession
thereof and for so doing the Assistant Collector of the first grade
may exercise the powers of a revenue court in relation to the
execution of a decree for possession of land under the Haryana
Tenancy Act, 1887:
Provided that if in any such proceedings the question of title is
raised and proved prima facie on the basis of documents that the
question of title is really involved, the Assistant Collector of the first
grade shall record a finding to that effect and first decide the
question of title in the manner laid down hereinafter.
(2) The Assistant Collector of the first grade shall by an order,
in writing, require any person to pay a penalty, in respect of the land
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of other immovable property which was or has been in his wrongful
of unauthorised possession, [at the rate of one percent of the
Collector rate of the land per acre per annum with the ceiling of
total penalty amount equal to ten percent of the current Collector
rate of the encroached land), having regard to the benefit which
could be derived from the land or other immovable property. If the
penalty is not paid within the period of thirty days from the date of
the order, the same shall be recoverable as arrears of land revenue.
(3) The procedure for deciding the question of title under
proviso to sub-section (1) shall be the same as laid down in the Code
of Civil Procedure, 1908.
(4) If any person refuses or fails to comply with the order of
eviction passed under sub-section (1), within ten days of the date of
such order, the Assistant Collector of the first grade may use such
force, including police force, as may be necessary for putting the
panchayat in possession.
(5) Any person who is found in wrongful or unauthorised
possession of the land or other immovable property in shamilat deh
and is ordered to be ejected under sub-section (1), shall be
punishable with imprisonment for a term which may extend to two
years."
8. In view of the above, this Court finds no merit in the instant
petition, and, after affirming the impugned annexures, the writ petition is
dismissed.
9. No order as to costs.
(SURESHWAR THAKUR)
JUDGE
22.11.2023 (SUDEEPTI SHARMA)
Ithlesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2023:PHHC:148415-DB
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