Punjab-Haryana High Court
Gram Panchayat Dhani Bachan Singh ... vs Gram Panchayat Kashi Ram Ka Bas ( Mar. ... on 1 December, 2017
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
R.S.A No. 638 of 2012 (O&M)
Date of Decision:- 01.12.2017
Gram Panchayat Dhani Bachan Singh
(Majra Ellenabad) ....Appellant
Versus
Gram Panchayat Kashi Ram Ka Bas & Ors. ...Respondents
CORAM: HON'BLE MR.JUSTICE AVNEESH JHINGAN
Present: Ms. R. K. Thind, Advocate, for the appellant.
Mr. P.S. Jammu, Advocate, for the respondents.
AVNEESH JHINGAN, J. (Oral)
C.M No. 1796-C of 2012 Application for condonation of delay of 45 days in refiling the appeal is condoned.
Application stands allowed.
Main Appeal The present regular second appeal has been filed by the Gram Panchayat Dhani Bachan Singh (Majra Ellenabad), Tehsil Ellenabad, District Sirsa.
The only grievance raised in the present appeal is that the order passed under Section 215(A) of the Haryana Panchayati Raj Act, 1994 (for short, 'the Act') had been challenged by the respondents- plaintiffs in Civil Court.
The contention raised is that the statutory finality has been given to the order passed under Section 215(A) of the Act. In such circumstances, Civil Court has no jurisdiction.
1 of 2 ::: Downloaded on - 09-12-2017 01:08:39 ::: R.S.A No. 638 of 2012 (O&M) -2- Learned counsel for respondents - plaintiffs in view of the various decisions of Hon'ble the Supreme Court could not raise any serious objection to the issue of jurisdiction.
Learned counsel for the respondent only stated that he may be given liberty to challenge the said order in writ petition.
In view of the statement and the settled position the judgments/decrees dated 16.03.2010 and 14.09.2011 passed by both the Courts below are set aside. No need to say that writ petition is independent jurisdiction for which liberty is not needed.
Regular Second Appeal is accordingly allowed.
December 01, 2017 (AVNEESH JHINGAN) tripti JUDGE
Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No 2 of 2 ::: Downloaded on - 09-12-2017 01:08:40 :::