V.K. Jhanji, J. - (1.) IN this petition under article 226 of the Constitution of India, petitioners are seeking a writ in the nature of certiorari for quashing the order dated 20.9.1991 passed by the Additional Director Panchayat, Punjab exercising the powers of Commissioner under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) whereby appeal filed by the Gram Panchayat was accepted and the order of the Collector, Patiala exercising the powers of District Development and Panchayat Officer (for short the DDPO) dated 26.11.1985 was set aside.
(2.) MUTATION of the land in dispute was sanctioned in favour of the Gram Panchayat on 25.7.1964. Having felt aggrieved of the order of mutation in favour of the panchayat, Petitioners filed a civil suit on 22.11.1974. In the suit, the petitioners claimed themselves to be the owner of the land in dispute. The suit of the plaintiffs was decreed on 31.3.1975 by the Sub Judge, Patiala. No appeal against the judgment and decree dated 31.3.1975 was preferred and thus the matter became final between the parties. In pursuance of the order dated 31.3.1975 mutation No. 2685 was sanctioned in favour of the petitioners. Subsequently, the Act was amended by Act No. 19 of 1976 whereby it was provided that the provisions of this Act shall have effect notwithstanding any thing to the contrary contained in any law, or any agreement, instrument, custom or usage, or any decree or order of any Court or Authority meaning thereby that the jurisdiction of the Civil Court to decide the question of title with regard to land of panchayat was taken away. Gram panchayat filed an application under Section 7 read with Section 11 of the Act for two -fold relief; one for declaration that they be declared owners and in consequence thereof, for the ejectment of petitioners under Section 7 of the Act. The application of the panchayat was rejected on 5.9.1985 for want of prosecution. Later, an application was filed for restoration. That too was dismissed by the D.D.P.O. on 26.11.1985 which order was impugned before the Additional Director, Panchayat exercising the powers of Commissioner, who vide order dated 20.9.1991 remanded the matter to the D.D.P.O. for fresh decision. This order is now being impugned here in this petition. Having heard the learned counsel for the parties, I am of the view that the matter is squarely covered by judgment of Full Bench in Gram Panchayat v. Jagar Ram, (1991) P.L.R. 260. Admittedly, decree in favour of the petitioners had been passed before the Principal Act was amended by Act No. 19 of 1976. A Division Bench of this Court in Gumam Singh v. Joint Director, Panchayats, Punjab, 1984 P.L.R. 580 relying in the judgment in Baljinder Singh v. The Assistant Collector 1st Grade, Guhla, 1983 P.L.R. 116 held that the decrees obtained from the Civil Court which had become final, either no appeal had been filed or the appeal filed had been disposed of and the decree sustained, could not be ignored by virtue of amendment effected in the Act by Act No. 19 of 1976. Subsequently, the matter was referred to the Full Bench. The Full Bench has approved the view taken by the Division Bench and has held "that the decree passed by the competent civil Courts between the parties could not be ignored by the authorities under the Act, prior to the amendment of the Act by Punjab Act No. 19 of 1976. However, it may be made clear that the parties will always be at liberty to get those decrees set aside on the grounds of collusion, fraud etc. or otherwise, by a competent Court, Unless the said decrees passed by the Civil Court are held to be collusive or obtained by fraud, by a competent Civil Court, the same could not be ignored by the authorities under the Act."
(3.) IN view of the settled position of law, this writ petition is allowed. It would be an exercise in futility if the matter is allowed to be agitated before the D.D.P.O. because the decree in favour of the petitioners had been passed before Act No. 19 of 1976 had come into force. The impugned order shall stand quashed.;