TMI Blog2002 (8) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... thin the revenue estate of village Madnaka, Tehsil Hathin, District Faridabad (for short, the suit land), granted by the Gram Panchayat Madnaka for a period of 10 years for ₹ 10 lacs in favour of the appellant on October 1,1997. It is alleged that the lease is in violation of the provisions of Punjab Village Common Lands (Regulation) Act, 1961 (referred to in this judgment as 'the Act') and the Rules made thereunder. The plea of the appellant (defendant), inter alia, is that the civil court has no jurisdiction to entertain the suit in view of the provisions of Sections 10-A and 13 of the Act. On July 26,2000, the learned trial judge dismissed the suit holding that the civil court has no jurisdiction to entertain and try the suit. However, on appeal the First Appellate Court took the view that the civil court did have jurisdiction and accordingly allowed the appeal decreeing the suit of the respondents by its judgment and decree dated September 5, 2000, which was assailed in Second Appeal, SAO No. 28 of 2000, in the High Court of Punjab Haryana at Chandigarh by the appellant herein. The second appeal was dismissed on August 16, 2001. That judgment and decree of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a civil court that its jurisdiction is excluded either expressly or be necessary implication to entertain claims of a civil nature, the Court naturally feels inclined to consider whether the remedy afforded by an alternative provision prescribed by a special statute is sufficient or adequate. Where the exclusion of the civil court's jurisdiction is expressly provided for, the consideration 9. Courts to try all civil suits unless barred.- The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Explanation-I . A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies. Explanation- II. For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation. I or whether or not such office is reached to a particular place. Where there is a right there is a remedy. as to the scheme of the statute in question and the adequac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e answer is in the affirmative, it can safely be concluded that the jurisdiction of the civil court is barred, If however, no such adequate and effective alternative remedy is provided then exclusion of the jurisdiction of civil court cannot be inferred. (3) Even in cases where the jurisdiction of a civil court is barred expressly or impliedly the court would nonetheless retain its jurisdiction to entertain and adjudicate the suit provided the order complained of is a nullity. In the light of the above discussion we shall proceed to examine the relevant provisions of the Act in this case. It would be apt to refer to Section 13 of the Act which bars the suit. The said provision reads as under: 13. Bar of Jurisdiction- No civil court shall have jurisdiction:- (a) To entertain or adjudicate upon any question whether- (i) any land or other immovable property is or is not shamlat deh. (ii) Any land or other immovable property or any right, title or interest in such land or other immovable property vests orders not vest in a Panchayat under this Act. (b) in respect of any matter which any revenue court, officer or authority is empowered by or under this Act to de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he lying green trees from the suit land and also from digging any pond in the suit land, may kindly be passed in favour of the plaintiffs and against the defendants or any other relief which the Hon'ble Court deems proper be also awarded to the plaintiffs. It may be recalled that the legality of auction and grant of lease of the suit and by the Panchayat are challenged as being in violation of sub-rules (2) and (10) of Rule 6 of the Rules. Now that takes us to the question whether such disputes are required to be decided by any revenue court, officer or authority under the Act. We may notice Section 10-A of the Act which deals with the power of the Assistant Collector of the First grade in Haryana to cancel or vary sale or lease etc. of land vested in Panchayats which is as under: Section 10-A (As in Haryana) Power of Assistant Collector of the First grade in Haryana. To cancel or very sale or lease etc. of land voted in Panchayats- (1) Notwithstanding anything contained in this Act or the Shamilat Law or in any other law for the time being in force, the Assistant Collector of the First Grade in Haryana may call for, from any Panchayat in the area of his jurisdict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he may think fit. The proviso appended to sub-section (2) obliges the Assistant Collector of the First Grade to afford an opportunity of being heard to the parties to the sale, lease, contract or agreement before making an order under sub-section (2). From a combined reading of sub-section (1) and (2) of Section 10-A, it is clear that any matter which raises the issue of violation of the provisions of the Act or the Rules made thereunder including the question of lease being entered into as a result of fraud or concealment of facts or even otherwise detrimental to the interests of the Panchayat as prescribed, is required to be decided by the Assistant Collector of the First Grade. In view of the provisions of Section 13 of the Act, referred to above, the jurisdiction of the civil court to entertained adjudicating such questions is clearly barred. We may add that on the facts and in the circumstances of the case grant of impugned lease might be termed as illegal but it cannot be said to be nullity. It follows that the High Court erred in upholding the order of the First Appellate Court that the Civil Court has jurisdiction to entertain and adjudicate the said questions in the su ..... 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