Punjab-Haryana High Court
Ranjit Singh And Others vs State Of Punjab And Others on 17 May, 2013
Bench: Rajive Bhalla, Rekha Mittal
Civil Writ Petition No.5775 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.5775 of 2013
Date of Order: 17.05.2013
Ranjit Singh and others
...Petitioners
Versus
State of Punjab and others
..Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS. JUSTICE REKHA MITTAL
Present: Mr. R.S.Chauhan, Advocate,
for the petitioners.
Mr. Rajinder Goyal, Addl. A.G.,Punjab,
for respondent nos.1 to 7.
Mr. Vinod Kumar, Advocate,
for respondent no.8.
RAJIVE BHALLA, J (Oral)
The petitioners, pray for issuance of an appropriate writ, order or direction, quashing the action of Gram Panchayat Bringali, Block Talwara, Tehsil Mukerian, District Hoshiarpur, in selling its "Shamilat" land measuring 11675 Kanals and 19 Marlas, without prior approval from the Government or any other competent authority.
Counsel for the petitioners submits that land measuring 11675 Kanals and 19 Marlas, which is recorded as "Gair Mumkin Khad", "Banjar Qadim" and "Barani" has been sold by the Gram Panchayat without any authority. It is further submitted that Civil Writ Petition No.5775 of 2013 -2- proprietors, have obtained fraudulent and collusive civil court decrees with active connivance and collusion of the Sarpanch. It is prayed that as these decrees and sale deeds are fraudulent, the same may be declared as null and void.
Counsel for the State of Punjab submits, on the basis of reply filed by the Deputy Commissioner, Hoshiarpur, that 43 civil court decrees have been passed, declaring, the plaintiffs therein as owners, of "Shamilat Deh". On the basis of these decrees, mutations have been sanctioned and the land has been sold, many times over. The Gram Panchayat has not taken any steps to recover the land. The Gram Panchayat has, however, been directed to take appropriate steps to recover its property, by filing petitions under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act').
Counsel for the Gram Panchayat submits that the Gram Panchayat has not sold any "Shamilat Deh" but in the year 1974, certain persons, posing as proprietors, obtained collusive civil decrees of ownership, got mutations sanctioned and thereafter sold the land by way of multiple sale deeds. The Gram Panchayat is aware of the fraud and collusion and is in the process of filing petitions under Section 11 of the 1961 Act to retrieve its land.
We have heard counsel for the parties, perused the paper book as well as the affidavit filed by the Deputy Commissioner, Hoshiarpur, and while expressing our deep concern and anguish at the manner in which the Gram Panchayat has been deprived of its property, whether by collusion or fraud, cannot but record that even if Civil Writ Petition No.5775 of 2013 -3- decrees were passed by civil courts, revenue officers, who registered sale deeds and sanctioned mutations, would not have done so without perusing the revenue record, which clearly records the land, in dispute is "Shamilat Deh". The failure of the Gram Panchayat to protect its property indicates fraud and collusion, not merely on the part of office bearers of the panchayat but also revenue officers, who registered sale deeds and sanctioned mutations. The fraud needs to be investigated, by the Deputy Commissioner, Hoshiarpur, by resort to both criminal and civil proceedings.
The writ petition is accordingly disposed of by directing the Deputy Commissioner, Hoshiarpur, to forthwith ensure that the Gram Panchayat files petitions under Section 11 of the 1961 Act, against all such persons, who have obtained collusive decrees, are beneficiaries of sale deeds and in whose favour revenue officers have recorded mutations. The needful shall be done within two months from the date of receipt of a copy of this order. The petitions, filed under Section 11 of the 1961 Act, shall be decided by considering the plea of fraud and collusion, within six months of their filing. The Deputy Commissioner, Hoshiarpur, shall forthwith initiate proceedings under the Indian Penal Code and the Criminal Procedure Code to bring the perpetrators of this fraud to justice.
(RAJIVE BHALLA)
JUDGE
May 17, 2013 (REKHA MITTAL)
nt JUDGE