Punjab Village Common Lands (Regulation) Act- Any Dispute With Respect To Mutation Entry Can Only Be Before Revenue Authorities : Supreme Court

The Supreme Court observed that any dispute with respect to mutation entry can only be before the revenue authorities only.

This observation is in the context of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961.

In this case, the plaintiff challenged a mutation entry of 1955 by filing a suit before a civil court. The High Court allowed the second appeal holding that the suit before the Civil Court challenging the mutation entry was not maintainable at all and there was a bar of filing the civil suit.

Before the Apex Court, the appellant plaintiff contended that Section 45 of the Punjab Land Revenue Act shall be applicable and not Section 13 of the Act shall be applicable.

Rejecting this contention, the bench of Justices MR Shah and MM Sundresh observed: 

"Section 45 of the Punjab Land Revenue Act shall be applicable only in a case where the plaintiff wants to protect his possession on the basis of his name in the mutation record and/or revenue record. However, any dispute with respect to mutation entry can only be before the revenue authorities only. Section 13B of the Act, 1961 is very clear. It provides that no Civil Court shall have jurisdiction in respect of any matter which any revenue court/office or authority is empowered by or under the said Act to determine."

Case details

Ishwar vs Gram Panchayat Parli Khurd | 2022 LiveLaw (SC) 875 | SLP(C) No(s). 11142/2020 | 19 October 2022 | Justices MR Shah and MM Sundresh

Headnotes

Punjab Village Common Lands (Regulation) Act, 1961 ; Section 13(b) - Punjab Land Revenue Act, 1887; Section 45- Section 45 of the Punjab Land Revenue Act shall be applicable only in a case where the plaintiff wants to protect his possession on the basis of his name in the mutation record and/or revenue record. However, any dispute with respect to mutation entry can only be before the revenue authorities only.  

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