HEMANT GUPTA, J. - (1.) This order shall dispose of aforementioned writ petitions raising identical question of law and facts.
(2.) Respondent No.2-Gram Panchayat filed a petition under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961 (hereinafter referred to as 'the Act). In such proceedings, the petitioners herein submitted replies relying upon civil court decree dated 01.02.1974 and 30.01.1974 to contend that the Gram Panchayat has no concern with the suit land and the validity of the aforesaid decree cannot be gone into by this Court in view of the judgment of this Court reported as Bajinder Singh v. Assistant Collector, Ist Grade, Guhla 1983 PLJ 116. Considering the said reply, the Assistant Collector, Ist Grade, Pehowa, passed an order on 27.03.1991 holding that the petition is competent and maintainable. It was found that the petitioners were inducted as a lessee, but after the Civil Court decree, the petitioners have stopped paying the lease money. The Assistant Collector also observed that the Civil Court decree is based on mala fide act and, therefore, the same is not binding on the Panchayat.
(3.) In the writ petitions, the petitioners have placed reliance upon the Full Bench judgment of this Court reported as Gram Panchayat, Village Bathoi Kalan v. Jogar Ram and others, 1991 (1) PLR 260. In the aforesaid judgment, it has been held that the decree of Civil Court is binding on the Panchayat and the same can be set aside only by the Civil Court. Relying upon the aforesaid Full Bench judgment, it is sought to be contended that the proceedings under Section 7 of the Act are not maintainable before the Authorities under the Act till such time the decree of the Civil Court is operative and binding. It was also pleaded that the Division Bench of this Court in a judgment reported as The Karnal Cooperative Farmers Society Ltd., Pehowa v. Gram Panchayat, Pehowa, 1976 PLJ 237 has held that the amendment in the Act by Haryana Act No.2 of 1981 substituting Section 13 of the Act retrospectively cannot lead to the decrees of the Civil Court as without jurisdiction.;