GRAM PANCHAYAT MEHRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Gram Panchayat Mehra has assailed the order of Collector Bhiwani dated April 11, 1979, in this petition under Article 226/227 of the Constitution of India.

(2.) The proprietors of the village filed a suit under section 13-B of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to Haryana (for short the Act) before the Assistant Collector 1st Grade, Charkhi Dadri. The Assistant Collector after examining the evidence came to the conclusion that disputed property did not vest in the Gram Panchayat and that the co-sharers had been recorded in possession as per their respective entitlement in the records of right. This was disposed of by judgment and decree dated 27th March, 1978. Aggrieved against this judgment and decree the proprietors moved Collector Bhiwani who dismissed the appeal holding that the same was incompetent. The view taken by learned Collector found full support from the case Latur Singh and others v. The Collector, Kamal and others, 1979 RajdhaniLR 39where it was held thus :-

(3.) For the reasons stated above, the Writ Petition fails and is hereby dismissed with no order as to costs.