Gram Panchayat Mullanpur Garibdass vs Choe Reclamation Society And Others on 15 July, 2008
Reliance was placed on Raj Pal Chhabra v. State of Haryana
and others 1998(2) PLJ 203, State of Haryana and another v. Inderjit, 1998
(2) PLJ 436 and Mithilesh Kumari and another v. Prem Bihari Khare, AIR
1989 SC 1247. The findings of the Commissioner were challenged by
arguing that there is no truth in the plea of Panchayat that it had been
auctioning the land and crediting the income in Panchayat fund since no
evidence had been led to that effect. Effect of entry in column no. 4 of
jamabandi i.e. "Makbuja malkan hasab rasad zare khewat" was not
discussed by the Commissioner at all. The Commissioner did not consider
that the land described as "Banjar kadeem" is not used for common
purposes of village community, also does not vest with the gram panchayat.