Petitioners challenged a notice allowing a Gram Panchayat to auction trees on alleged village proprietary land. The Court found multiple disputed facts requiring revenue record examination beyond writ jurisdiction and dismissed the petition.
Liberty to approach the appropriate forum.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.228 of 2015 Date of Decision: January 08, 2015
Sat Pal and others .....Petitioners versus
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE RAJ MOHAN SINGH.
Present:Mr.Mahavir Sandhu,Advocate,for the petitioners
-.-
Surya Kant, J. (Oral)
The petitioners are residents of village Bataura, Tehsil Naraingarh, District Ambala. They are aggrieved by the notice dated 31.12.2014 (Annexure P-5) whereby the Gram Panchayat of their village has invited bids through public auction for cutting various trees planted on the land measuring about 52 kanal 3 marla. The claim of the petitioners is that the above-stated land is jumla mustarka malkan and vests with the proprietary body of the village and hence the Gram Panchayat has no right to cut those trees. It is averred that the trees were planted by a Society comprising proprietors of the village.
We have heard learned counsel for the petitioners and gone through the revenue record appended with the petition. We have also gone through the alleged resolution passed by the Society. In our considered view, there exist
MOHINDER KUMAR 2015.01.13 12:27 I attest to the accuracy and authenticity of this document Chandigarh
CWP No.228 of 2015 [2]
more than one disputed question of facts which cannot be gone into by a writ Court. We, thus, dispose of this writ petition with liberty to the petitioners to approach the appropriate forum.
Ordered accordingly.
Dasti.
January 08, 2015 [RAJ MOHAN SINGH] Mohinder JUDGE
MOHINDER KUMAR 2015.01.13 12:27 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether the High Court can determine disputed questions of fact regarding land rights and tree ownership in a writ petition.
Whether the Gram Panchayat had the right to auction trees on land claimed to be village proprietary land by a Society.
Sat Pal and others
State of Haryana and others
Surya Kant
Raj Mohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
