CrlVI iscNoMm 45177 of 2006 v. Gram PanchayatTalwandi Sabo and anot her

also considered from which it cam e t o not ice t hat Shri Jagdeep Singh Sarpanch has not been aut horisedby t he Gram PanchayatTalwandi Sabo by passinga resolut ion t o cont est cannot t his case and he cont est of Gram Panchayat From t he docum ent s placed on t he t he case behalf cam e t o t he not ice t hat Nagar Panchayat TaI wandi Sabo had given t he I and in disput et o vide resolut ion Nol part y Nol for const ruct ingt he building in t he year 1957 From t he is provedt hat record producedit t hese buildings have been const ruct ed by t he Cooperat iveSociet y given t o 1 Part y No furt her Cooperat iveBank and ot her t enant s on rer From 1 0 I CD I Z 2 I S 20 d t he phot ocopiesof part y No Was found in possessionon Khasra produced NoOl 111 The ruling relied counsel of part y Nol t hat ownershipof upon by t he t he disput edI and is not t o be seen rat her it is t o be t hat at t he t im e of filingt he case t he I and in disput eI S I n whose possessionand it was held t hat KUMAR SURESH SHAM LAL 2012.06.26 10: 19 Scanned True Copy of Original PHHC,Chandigarh t he parry should be put in possession which was earlier in possession These proceedings were JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 3 1 L 0 I D Z I c8 Z Ll 1 1 71 of2006 init iat ed under Sect ion 147 Ct C t he of part y N1 dat ed 31 22004 3122004 t hereaft er dat ed 1722005ut part y No could not produceany solid evidence t hat I n possessionfrom which it t hey are inferredt hat t heywere in possessionfrom t he filing of t he case but docum ent s producedbypart y No has provedt hat part y N1 and earlier was also in possession So far as t he in possession is st ill case of Shri Balbir Singht enant againstpart yNo pending I n t he Civii Court before CiviI Judge J Divn wit h t he argum ent sof CounseI of part y No TaI wandi Sabo is concem ed I agree t hat t his Court cannot hear t he case if it is pendingin t he Civil Cour As such t he case which is pending I t 7t he Civil Court of Shri Balwinder Singhregarding t he shop part y NI cannot be said t o be in possessionunt il any order com pet ent cout t possessionSo apart from t he shop of Shri Balbir I S passed by any regarding it s ownershipl Singh it is provedt hat t he rest of t he buildingI S t he possessionof Part y Nol The Dam dam aSahib Mult ipurposeCooperat iveSociet y Lt d Talwandi Sabo The part yNol will rem ain in possessionof t he buildingexcept t he shop of Shri Balbir singh t ill any order is passed by any com pet entcourt t o t ake back t he possession32 I t is clarified t hat t he part yNo 1 referred t o in t he order is t he pet lt lonerand t he pat t yNo2 referredt o in t he order I S t 17eGram KUMAR SURESH SHAM LAL 2012.06.26 10: 19 Scanned True Copy of Original PHHC,Chandigarh 4 JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 72 1 CrlllliscNo45177 of 2006 A of t he above said order indicat eSt hat t he Sub Divisional direct ed t hat t he cooperat ive would rem ain in possessionof t he building exceptt he shopof Balbir Singh t ill any order is passedby any Court t o t ake back t he possessionTwo revision pet it ions were preferred well as Gram t he above said SarpanchJagdeepSinghas Talwandi Sabo I t was polnt edout before t he revisional court t hatKhasra N601 5 kanals 11 m arlas is t he of Gram Panchayatas per t he revenue record and t hat t he pet it ioner could not have been given any I and by t he Gram wit hout t he Dlrect or Panchayat I n t he absence of any valid resolut ion No dat ed 2091957 where t here is no khasra num ber m ent ioned it 1 0 Z Z 2 Oll cannot be t hat t he I and of t he Gram Panchayatwas given a5 t o t he pet it ionersociet y as Gram Panchayat I S t he owner t he which is also deem ed t o be inossession 7t I m Z The claim oft he societ yt hat it has been Llm I ll of t he propert ypursuantt o resolut ion was rej ect edby t he revisionalCourt by observingas follows As st at ed above t he I and WaS nOt Even givent o opposit e part y No resolut ion No1 it is st at ed t o have been givent o t he Lt d Talwandiabo 11 Eot ir t o 6prat ive Bank and it hasnow beenvacat edby t he Bank Cont ent ionof Pa4yNohat buildingwaslet WaSI e Rural a Oaom Jr KUMAR SURESH SHAM LAL 2012.06.26 10: 19 Scanned True Copy of Original PHHC,Chandigarh 5 JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 73 of2006 Cooperat iveBank does not appear t o be correc appearst hat open sit e was givenby t he Panchayat t o Cooperat iveBank Cooperat iveBank raised som e has now const ruct ion on t he I ancl Cooperat iveBank shift ed and abandoned t he buildingAft er 1 0 0 0 I D I Z t r I o2S O2 7 Z t l 1 J t he shift ingof t he bank t he buildingwas occupied by t he Gram PanchayatThis has been st at ed by t he opposit epart yinI ifferent pet it ionsfiled by it t o t he Sub Divisional Magist rat eand t o t he police am accordinglyoft he View t hat aft er t he shift ingof t he Cooperat iveBank t he propert y revert ed t o Gram Panchayatand Gram Panchayatwas in it s I awful possession as The order revI SI OO seeks t o dispossesst he Gram Panchayat t o t he Dam dam a Sahib Mult ipurposeCooperat ive Sabha Lt d which under t he I aw is not perm issible Order under revision is not in accordance wit h I aw and is I iable t o be set aside Bot h t he revisions are accordinglyallowed Order under revision is set aside and it is ordered 1 t he propert yshall t hat possessionof Gram Panchayat TaI wandi Sabo rem ain wit h I S Reader direct ed t o placeone at t est ed copy of r0VI SI O17 pet it ion No Court Lower record be ret um ed and revision file be dat ed 11 22006 t he order I rl consignedt o t he record room I J A perusalof t he order passed by t he revisional Court indicat es t hat t he revisional Court has set aside t he order under Sect ion 147 CrC passed by t he Magist rat ein favour of pet it ionersociet yon t he groundt hat t he propert yhad been givent o KUMAR SURESH SHAM LAL 2012.06.26 10: 19 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 6 i 1 1 1 0 I 9 Z 2 Cr I ci5 7 Z L 1 r 74 of2006 l Rural Bank Talwandi Sabo and t hat t he bank has already vacat ed t he sam e The Cooperat iveBank ralsed t he const ruct ion and has now shift ed and abandoned t he buildlngand t he buildingwas occupiedbyt he Gram PanchayatWit h t he shift ing of Cooperat iveBank t he propert y revert ed back t o t he Gram Panchayatand t he Gram Panchayatwasln I awful possessionas whereas t he Dam dam a Sahib Mult ipurposeCooperat ive Sabha Lim it ed e t he pet it ionerseeks t o dispossesst he Gram Panchayatas such t he order passedbyt he Magist rat ewas held t o be illegal Shri M0SBediI earned counsel t he pet it ioner has vehem ent lyurged t hat t he findingof t he I earned Addit ional Sessions Judge is cont raryt o t he revenue record I t was also urged t hat t he possessionof Gram Panchayatis not est ablished as per t he record rat her in t he colum n of possesslonMakbooj aRafiyaamhas been m ent ioned The Gram Panchayatis not in possessionas per t he ent ries in t he colum n of possessione Colum n No 5 of t he Jam abandi The Gram Panchayathas not been recorded I ll possessionof t he propert yin disput eA st rongreliance was placed by t he counsel on Jam abandi for t he year 200203 copy Annexure P4 wherein t he NagarPanchayatis m ent ioned in colum n No4 t o be owner but in cult ivat ion colum n Makbooj aRat 7yaamis depict ed n J Counsel for t he pet it ionerhas furt her arguedt hat t he pet it ionersociet y was regist eredoriginallyon 10 10 1956 ln t he nam e of Kissan Mult ipurposeSociet yLim it ed Tehsil Talwandi Sabo KUMAR SURESH SHAM LAL 2012.06.26 10: 19 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 7 75 49CrlllI liscNoM45177 of 2006 and I at er on nam e of t he societ ywas changedt o Cooperat iveRural Bank and t his changewas m ade vide regist rat ionof t he Societ y AnnexureP6 on 101 1957 The nam e of t he pet it ionersociet ywas changedt o Talwandi Sabo Cooperat iveAgricult uralServices Societ y on 0510 1958 The nam e furt her changedt o Dam dam a Sahib Agricult uralServices Societ yLim lt ed Dam dam a Sahib 0791997 Furt her t he nam e of t he societ ywas m ade Dam dam a Sahib t ill dat e t he t he sam e nam e Mr MSBedi Cooperat iveSociet yLlm it ed Dam dam a Sahib societ yis funct ioningunder have carefullyconsidered t he cont ent ion The societ yseeks it s origin under t he nam e of Kissan Mult ipurposeCooperat iveSociet yLim it ed claim ing t hat it was t he societ ywhich const ruct ed t he buildingand I et out t he sam e t o t hedifferent t enant s includlngBat hinda Cent ral Cooperat ive Bankin t he year 1976 which was vacat ed in t he year 2004 as such t he societ y being successor7t erest t he original societ yhas got a rightt o t he possessionof t he buildingand t he I and whichadm it t edlybelongst o Gram Panchayat have carefullyconsidered t he provisionsof Sect ion 147 CrC which read as followsl 147 Disput econcem ingright of use of vvat er I and or 1 f 0 0 I C3 Z 2 a Z 1 Ll r KUMAR SURESH SHAM LAL 2012.06.26 10: 19 Scanned True Copy of Original PHHC,Chandigarh 1l Wheneveran Execut iveMagist rat eI S sat ised JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 8 76 4 CrlMiscNoe45177 2006 S r from t he report of a police officer or upon ot her inform at ion t hat a disput eI ikelyt o cause a breach t he peace exist s regardingany allegedrightof of any I and or wat er wit hin his I ocal j urisdict ionwhet her such right be claim ed as easem ent or ot heI wise he shall m ake an orderin writ ingst at ingt he groundsof his beingso sat isfied and requiringt he part iesconcem ed in such disput e t o at t end his Court specified dat e and t im e and t o put in person or by pleaderon a in writ t en st at em ent s of t heir respect iveclaim s Explanat iorThe expression I and or wat e t he m eaninggivent o it in sulsect ior21 of sect ion 145 21 The Magist rat eshall t hen peruse t he st at em ent s SO put in evidence t he part ies receive all such respect ivelyconsider m ay produced by t he effect of such evidence t hem t ake such furt her evidence if any as he t hinks necessaryand if possible decide whet her such and t he provisionsof sect ion 145 shall rightexist s so far as m ay be applyin t he case of such inquiry 31 I f it appears t o such Magist rat et hat such right s he m ay m ake an order prohibit ingany int erference wit h t he includingin a proper case exercise an order for t he rem oval of any obst ruct ion in t he exercise of any such right l Provided t hat no such order shall be m ade where t he right I S exercisable at all t im es of t he year unless such righthas been exercised wit hin t hree JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 9 e C 0 I D Z Lr I c8 A7 Z 1 0m r KUMAR SURESH SHAM LAL 2012.06.26 10: 19 Scanned True Copy of Original PHHC,Chandigarh 77 e t CrUVliscNoMe45177 of 2006 1 t 0 I I Z 2 1 I a Z 3 1 m ont hs next before t he receiptunder sub sect ion 11 of t he report of a police officer or ot her inform at ion I eadingt o t he inst it ut ion of t he inquiry or where t he rightis exercisable only at part icular seasons unless t he right or on part icularoccasions has been exercised during t he I ast of such a seasons or on t he I ast of such occasions before such receipt 41 When in any proceedingscom m enced under subsect ion 11of sect ion 145 t he Magist rat efinds t hat t he disput eis regardsan allegedrightof I and or wat er he m ay aft er recordinghis cont inue wit h t he proceedingsas if t hey user of reasons had been com m enced under subsect ior in any proceedingscom m enced under sul sect ion t he Magist rat efinds t hat t he disput e should be dealt wit h under sect ion 145 he m ay aft er recordinghis reasons cont inue wit h t he if t heyhad been com m enced under proceedingsas subsect ion 611of sect ion 145 55 The provisionsof Sect ion 147 Cr enables t he Execut ive Magist rat et o pass an order in case of disput ewhich I S I ikelyt o cause breach of peace regardingany allegedrightof user of any I and or wat er wit hin t he I ocal j urisdict ionwhere such rightbe claim ed as an easem ent or ot herwise The Magist rat ecan requI re t he part iesconcerned t o at t end t he Court in person or t hrough pleaderand subm it writ t en st at em ent s The Magist rat ein exercise of powers under Sect ion KUMAR SURESH SHAM LAL 2012.06.26 10: 19 Scanned True Copy of Original PHHC,Chandigarh 147 31 CrC m ay m ake JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 10 78 1 Ct MiscNoM45177 of 2006 e C2 0 I C I Z L I ci5 m a Z 1m any int erference wit h t he exercise of such right in a proper case an order for t he rem oval of any obst ruct ion in t he exercise of any such right A specialprovisohas been appendedt o Sect ion 147 31CrC t hat no order shall be m ade where t he right I S exerclsable at all t im es of t he year unless such righthas been exercised wit hin t hree m ont hs next before t he receiptunder sub sect ion l l of t he report of a police officer or ot her inform at ion I eadingt o t he inst it ut ion of t he inquiry or where t he right I S exercisable only at part icularseasons or on part icularoccasions unless t he right has been exercised duringt he iast of such I r seasons or on t he I ast of such occasions before such receipt The nat ure of t he disput ebet ween t he pet it ionersociet yand t he Gram Panchayatappears t o be regardingt he rightof possesslonover a propert ywhich adm it t edlyvest s in t he Gram PanchayatWhet her t he societ yhas got a right t o user of t his I and on t he basis of t he revenue record specifyingt hat I S I n cult ivat ion of Makbooj a Rafiyaam cannot be decided byt he Magist rat eVodoubt in case of apprehensionof breach of peace regardinguser of any rightor wat er where rightis claim ed as an easem ent or ot herwise t he Magist rat e can prohibita ny int erference wit h t he exercise of such right The powersgivent o t he Magist rat eunder Sect ion 147 31Cr akin t o t he powers exercised by a Clvil Court in a suit for inj unct ionor in a suit for m andat oryinj unct iont o rem ove an obst ruct ion which is a hindrance in t he exercise of right sof a part y But t he said power has been vest ed ln t he Execut ive Magist rat eonly where t he disput e KUMAR SURESH SHAM LAL 2012.06.26 10: 19 Scanned True Copy of Original PHHC,Chandigarh 11 JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 79 V4 r 1 CrMiscJoMe45177 of 2006 bet ween t he part iesis I ikelyt o cause a breach of peace regarding any allegedrightof user of any I and or wat er where such rightbe claim ed as an easem ent or ot herwise The word ot herwise used under Sect ion 147 CrC widens t he scope of powers of t he Execut ive Magist rat ebut followingt he rules of st at ut es t he word ot het wise has t o be read wit h t he word rightof easem ent which has been specificallym ent ioned by t he Legisiat ure under Sect ion 147 Cr P The word bt herwisehas t o be read 1 ej usdemGeneris wit h t he word right of easem ent Since t he V pet it ionerhas not claim ed rightor user in t he I and vest ed in t he Gram Panchayaton t he basis of easem ent t here was occasion for t he t he Sub Divisional Magist rat et o exercise powers under Sect ion 147 31CrC The order passedby t he revisional Court is herebyaffirm ed The present pet it ionI S dism issed However I S observed t hat t he dism issal of t his pet it ionwill not in any m anner prej udicet he rlght sof t he pet it ionert o seek t he appropriat erem edy in t he civil Court in accordance wit h I aw 0 0 D Z I c8 Z Qm August 032010 1MSBEDI I JUDGE 947 KUMAR SURESH SHAM LAL 2012.06.26 10: 19 Scanned True Copy of Original PHHC,Chandigarh 10 12 JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document