GANGA JIWAN RAMJI LAL Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE main question of law which arises in this case is whether any amount collected by the managers of a mela (fair) in consideration of the amenities, etc. to be provided by them can be declared by the Collector of a district as an amount liable to be credited to the Gram Panchayat fund under Section 81 (1) (c) of the punjab Gram Panchayat Act, 4 of 1058, hereinafter referred to as the Act. I may first set out the relevant facts leading to the filing of this writ petition. Admittedly there is a religious temple in village Gurgaon, known as Sitla Mata Masani Temple. For the sake of convenience I will hereinafter refer to the same as the temple. The case of the petitioners is that this temple is being worshipped only by the Hindus and by members of no other community. On behalf of the respondents it has not been admitted that the temple is used exclusively by the worshippers of the Hindu community. The temple exists on Khasra No. 2297, khewat No. 437 (described in the writ petition as 427 but described in the Collector's written statement as 487)according to the revenue records of 1969-60 while a Dharamsala, which is a religious Institution of the Hindus, exists on Khasra No. 2299 and a pond on khasra No. 2741. The area covered by the said three Khasra Nos. measure 8 bighas 19 Biswas. Adjacent to these, three properties there is land comprised in khasra No. 2295 and 2302, Khewat No. 443 according to the revenue records of 1959-60, on which there exists a Dharamsala and Kharsa No. 2300 where there exists a pacca well for drinking water. It has not been disputed in the affidavit filed on behalf of the Deputy Commissioner that the entire land of the said three Khasra nos. belongs to Mandir Thakardwara, Gurgaon and that the entire area of the said five Khasra Nos. measures 12 Bighas, 12 Biswas. It is also admitted by the collector that no portion of the above-said land vests in the Gram Panchayat, gurgaon.

(2.) IT is also not disputed that a fair known as Sitla Mata Masani Fair is periodically held in the premises. This fair is organised by the Hindu Jats of the village and more particularly by the Managing Committee of the Sitla Mata Masani Fair. It cannot be disputed that some kind of arrangements have to be made for the holding of the fair. The case of the petitioners is that in consideration of providing various amenities to the pilgrims, for example, water supply, sanitation, first aid, electric supply etc. and also for meeting the expenses of the observance of various religious ceremonies in the temple contributions (loosely called Tehbazari) are received by the petitioners by annual auction from the shopkeepers and other setting up their stalls, etc. on the land attached to the temple and the Dharamsala referred to above. According to the petitioners the fair is held on that land. In reply to this allegation it has been stated in the written statement of the Collector as follows:

(3.) ON July 15, 1964, the Deputy Commissioner, Gurgaon sent a notice to Shri onkar Singh, petitioner No. 4, describing him as Amanatdar. Mela Masani, gurgaon, of which notice a copy is annexure 'a' to the writ petition. It is stated in that notice that the Gram Panchayat, Gurgaon had applied to the Deputy commissioner to declare the sum of Rs. 20,000 which had been levied by the management of Mela Masani as Tehbazari, as Panchayat fund under Section 81 (1) (c) of the Act. Onkar Singh was called upon by that notice to attend the office of the Deputy Commissioner on August 3, 1964 to show cause why the sum of Rs. 20,000 in question should not be recovered from him as it was Panchayat fund and as the village Panchayat alone could levy Tehbazari under Section 82 (2) (1)of the Act.