- (1.) The Gram Panchayat of village Dharangwala, Tehsil Abohar, District Fazilka, prays for issuance of a writ of mandamus directing the official respondents to cancel mutation No. 1590 dated 26.02.1981 and record the Gram Panchayat as owner of the land, in dispute, in the revenue record. The land, in dispute, is recorded as 'Jumla Mushtarka Malkan Wa Digar Haqdaran Hasab Rasad Arazi Rakba' in jamabandi for the year 1969-70, i.e., land that has been created during consolidation after applying a pro-rata cut on the holdings of proprietors and reserved for common purpose of the village panchayat and inhabitants of the village, in terms of Rule 16 (ii) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949. The land, therefore, vests in the Gram Panchayat for management and control. The Gram Panchayat mooted a proposal, vide resolution dated 02.10.1980, for construction of a 25 bed hospital and transferred 94 Kanals 13 Marias of land to the District Red Cross Society. The revenue authorities, considered this proposal as a gift and sanctioned mutation No. 1590 dated 26.02.1981, and recorded the District Red Cross Society as owner. The jamabandies that followed this mutation record the ownership of the District Red Cross Society and the Gram Panchayat, as cultivator. The Gram Panchayat approached the District Red Cross Society and other authorities for construction of a hospital but in vain. The Gram Panchayat passed various resolutions asking authorities to either construct a hospital or cancel the mutation of ownership recorded in the name of District Red Cross Society. The resolutions, however, as is the norm with authorities, did not draw a response, compelling the Gram Panchayat to approach this Court for cancellation of mutation No. 1590 dated 26.02.1981 recorded in favour of the District Red Cross Society.
(2.) After considering the matter to its entirety, the following order was passed on 21.05.2012:- The Gram Panchayat of village Dharangwala, District Fazilka, has approached this Court for issuance of a direction to cancel the transfer of land measuring 94 kanals and 1 marla to the District Red Cross Society, for setting up of a hospital. Counsel for the petitioner contends that though the petitioner has approached the Deputy Commissioner for cancellation of this transfer, on account of failure of the Red Cross Society, to set up a hospital, no action has been taken, as the Deputy Commissioner himself is the Chairperson of the District Red Cross Society. Notice of motion for 28.05.2012. At the asking of the Court, Mr. N.D.S. Mann, Addl. A.G., Punjab accepts notice on behalf of the respondents and is directed to forthwith seek instructions from the Deputy Commissioner whether the facts pleaded in the present petition are correct and if correct, as to why the District Red Cross Society has failed to construct a hospital. A copy of this order be handed over to counsel for the State of Punjab under signatures of Court Secretary of this Bench for compliance.
(3.) The Deputy Commissioner has filed an affidavit dated 04.07.2012 asserting the rights of the District Red Cross Society and opposing the prayer for cancellation of the mutation, but has admitted that the District Red Cross Society has not constructed a hospital. We, therefore, asked counsel for the District Red Cross Society to explain reasons for not constructing a hospital for three decades. As counsel for the District Red Cross Society failed to furnish any explanation, we passed the following order on 10.07.2012:- Reply on behalf of respondent Nos. 3 and 4 filed in Court today is taken on record. The case in hand reveals a disturbing state of affairs in the working of the District Red Cross Society, Ferozepur, now District Fazilka. The Gram Panchayat passed a resolution proposing to transfer 94 Kanals 01 Maria of land to the District Red Cross Society for setting up of a hospital. As per the revenue record, the Red Cross Society is recorded as owner. However, no hospital has been set up. It also appears that the resolution passed by the Gram Panchayat was not placed before the Government for approval and no such approval was granted. Despite this fact, the Red Cross Society continues to be recorded as owner in the ownership column of the jamabandi. Before initiating any further proceedings in the matter, we direct the Secretary, Rural Development and Panchayats, Punjab, to look into the matter and file an affidavit, whether the proposal made by the Gram Panchayat was ever placed before the Government and whether any approval was granted pursuant to the resolution. The Secretary, Rural and Panchayats, Punjab, shall also consider how the name of the Red Cross Society was recorded in the revenue record, and may suggest remedial measures. Adjourned to 23.08.2012. Copy of this order be given dasti under the signatures of the Bench Secretary of this Court.;