Civil court jurisdiction barred where title dispute over shamlat deh land must be decided under the Panchayat land statute.

The Punjab Village Common Lands (Regulation) Act, 1961 creates a special mechanism for disputes over land claimed as shamlat deh or as property vested in a Gram Panchayat: claims of right, title or interest must be raised before the Collector, with an appeal to the Commissioner, and sections 12 and 13 give finality to those orders while barring civil court jurisdiction. A suit framed as a challenge to revenue entries or a declaration of title is still barred if it necessarily requires determination whether the land is shamlat deh and belongs to the Panchayat. The civil court therefore had no jurisdiction to try such a dispute, and the challenge to the High Court's view was dismissed.

---

---

Issues: Whether a civil court had jurisdiction to entertain a suit concerning land claimed to be shamlat deh and vested in the Gram Panchayat, in view of the statutory scheme under sections 11, 12 and 13 of the Punjab Village Common Lands (Regulation) Act, 1961.

Analysis: The Act created a special mechanism for deciding claims of right, title or interest in land vested or deemed to have been vested in a Panchayat. Under section 11, such claims had to be presented to the Collector, with an appeal to the Commissioner. Section 12 gave finality to orders passed under the Act, and section 13 expressly barred civil court jurisdiction in respect of questions whether property or any right or interest therein was or was not shamlat deh vested in a Panchayat, as well as matters the Collector or Commissioner was empowered to determine. The plaint, though framed as a challenge to revenue entries and a claim for declaration of title, necessarily required adjudication on whether the land was shamlat deh and whether it belonged to the Panchayat. Such a dispute fell squarely within the statutory bar. The cited High Court decision was distinguishable because the Panchayat there was not impleaded and the suit did not require a direct determination of title to shamlat deh land.

Conclusion: The civil court had no jurisdiction to try the suit, and the petition challenging the High Court's view was dismissed.

---