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Documents citing Bakshish Singh vs The State Of Punjab on 16 July, 2010

Gram Panchayat Of Village Hoshiarpur vs State Of Punjab And Others on 31 October, 2012

shall include land described as "Shamilat Deh". The nature of the land and its use as common land is determined by the words "Shamilat Deh" and not by the words "Hasab Rasad Zare Khewat". The latter expression refers to the method of calculating share holdings of proprietors prior to the vesting of "Shamilat Deh" in a Gram Panchayat firstly under 1954 Act and thereafter under the 1961 Act. A reference in this regard may be made to judgments of this Court in Kashmir Singh and others versus Joint Development Commissioner (IRD) Punjab, Chandigarh and others, 2006(1) LAR 606 (P&H DB); Bakshish Singh versus State of Punjab and others, 2011 (1) LAR 460 (P&H) and Sita Ram etc. versus Gram Panchayat Ismalia etc. 2008(1) LAR 358 (P&H DB). The jamabandies referred to in the impugned order record that the land is "Shamilat Deh". It is, therefore, beyond comprehension as to how the learned Director, Rural Development and Panchayats, could hold that the land, in dispute, is not "Shamilat Deh". The land, in dipuste, is "Shamilat Deh", and came to vest in the Gram Panchayat under the 1953 Act and as it does not fall within any of the exclusion clauses, set out in the 1961 Act, it vests in the Gram Panchayat under section 3 of the Civil Writ Petition No.4493 of 2007 12 1961 Act. The Director, Rural Development and Panchayat, did not notice this position in law and, committed an error of jurisdiction in holding that "Shamilat Deh Hasab Rasad Zare Khewat" vests in proprietors. The other expression "Khud Kasht Va Makbuja Malkan"
Punjab-Haryana High Court Cites 14 - Cited by 0 - Full Document

Kesar Singh And Another vs State Of Punjab And Another on 1 February, 2012

The petitioners rely upon jamabandi for the year 1946-47 to contend that as the land is recorded as "Shamilat deh hasab rasad hisas mundraza shajra nasab", in possession of "makbuja malkan", and the expressions denote that land has been partitioned and is in possession of individual land holders before 26.1.1950. The petitioners also rely upon jamabandi for the year 1950-51, which contains a similar expression of ownership and possession. The submissions, in our considered opinion, merit rejection as the expression "Shamilat deh hasab rasad hisas mundraza shajra nasab", merely denotes that the land is "Shamilat deh" and is owned by proprietors in accordance with their share holdings in the village and the expression " makbuja malkan" refers to possession in common of the proprietary body as opposed to cultivating possession. We would like to state that prior to enactment of the Punjab Village Common Lands (Regulation) Act, 1953 and the Pepsu Village Common Land (Regulation) Act, 1954, all common land in a revenue estate were recorded as "Shamilat deh" and were usually followed by expressions such as "Hasab rasad hisas mundraza shajra nasab", which refer to the share holdings of proprietors. Upon enactment of the 1953 and 1954 Acts, followed by the 1961 Act, these expressions lost their significance, as proprietary rights in "Shamilat deh" came to vest in a Gram Panchayat, by a statutory Civil Writ Petition No. 1849 of 2008 8 declaration contained in section 3 of the 1961 Act. A reference in this regard may be made to judgments of this Court Kashmir Singh and others versus Joint Development Commissioner (IRD) Punjab, Chandigarh and others, 2006(1) LAR 606 (P&H DB); Bakshish Singh versus State of Punjab and others, 2011 (1) LAR 460 (P&H) and Sita Ram etc. versus Gram Panchayat Ismalia etc. 2008(1) LAR 358 (P&H DB). It is therefore, beyond debate that as the land in dispute was Shamilat deh and the petitioners have not been able to establish the ingredients of section 2(g)(iii) of the 1961 Act, the expression "Shamilat deh hasab rasad hisas mundraza shajra nasab",does not raise an inference of partition, much less individual cultivation after partition, i.e., partition of land and cultivating possession before 26.1.1950, by reference to any document of partition or revenue record. The land, therefore, vests in the Gram Panchayat as "Shamilat deh".
Punjab-Haryana High Court Cites 7 - Cited by 1 - R Bhalla - Full Document
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