JUDGMENT Mr. Rajive Bhalla, J.: (Oral) - The Gram Panchayat of village Dharangwala, Tehsil Abohar, District Fazilka, prays for issuance of a writ of mandamus directing the official respondents to cancel mutation No.1590 dated 26.02.1981 and record the Gram Panchayat as owner of the land, in dispute, in the revenue record. 2. The land, in dispute, is recorded as ‘Jumla Mushtarka Malkan Wa Digar Haqdaran Hasab Rasad Arazi Rakba’ in jamabandi for the year 1969-70, i.e., land that has been created during consolidation after applying a pro-rata cut on the holdings of proprietors and reserved for common purpose of the village panchayat and inhabitants of the village, in terms of Rule 16 (ii) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949. The land, therefore, vests in the Gram Panchayat for management and control. The Gram Panchayat mooted a proposal, vide resolution dated 02.10.1980, for construction of a 25 bed hospital and transferred 94 Kanals 13 Marlas of land to the District Red Cross Society. The revenue authorities, considered this proposal as a gift and sanctioned mutation No.1590 dated 26.02.1981, and recorded the District Red Cross Society as owner. The jamabandies that followed this mutation record the ownership of the District Red Cross Society and the Gram Panchayat, as cultivator. The Gram Panchayat approached the District Red Cross Society and other authorities for construction of a hospital but in vain. The Gram Panchayat passed various resolutions asking authorities to either construct a hospital or cancel the mutation of ownership recorded in the name of District Red Cross Society. The resolutions, however, as is the norm with authorities, did not draw a response, compelling the Gram Panchayat to approach this Court for cancellation of mutation No.1590 dated 26.02.1981 recorded in favour of the District Red Cross Society. 3. After considering the matter to its entirety, the following order was passed on 21.05.2012:- “The Gram Panchayat of village Dharangwala, District Fazilka, has approached this Court for issuance of a direction to cancel the transfer of land measuring 94 kanals and 1 marla to the District Red Cross Society, for setting up of a hospital. 3. After considering the matter to its entirety, the following order was passed on 21.05.2012:- “The Gram Panchayat of village Dharangwala, District Fazilka, has approached this Court for issuance of a direction to cancel the transfer of land measuring 94 kanals and 1 marla to the District Red Cross Society, for setting up of a hospital. Counsel for the petitioner contends that though the petitioner has approached the Deputy Commissioner for cancellation of this transfer, on account of failure of the Red Cross Society, to set up a hospital, no action has been taken, as the Deputy Commissioner himself is the Chairperson of the District Red Cross Society. Notice of motion for 28.05.2012. At the asking of the Court, Mr. N.D.S.Mann, Addl. A.G., Punjab accepts notice on behalf of the respondents and is directed to forthwith seek instructions from the Deputy Commissioner whether the facts pleaded in the present petition are correct and if correct, as to why the District Red Cross Society has failed to construct a hospital. A copy of this order be handed over to counsel for the State of Punjab under signatures of Court Secretary of this Bench for compliance.” 4. The Deputy Commissioner has filed an affidavit dated 04.07.2012 asserting the rights of the District Red Cross Society and opposing the prayer for cancellation of the mutation, but has admitted that the District Red Cross Society has not constructed a hospital. We, therefore, asked counsel for the District Red Cross Society to explain reasons for not constructing a hospital for three decades. As counsel for the District Red Cross Society failed to furnish any explanation, we passed the following order on 10.07.2012:- “Reply on behalf of respondent Nos.3 and 4 filed in Court today is taken on record. The case in hand reveals a disturbing state of affairs in the working of the District Red Cross Society, Ferozepur, now District Fazilka. The Gram Panchayat passed a resolution proposing to transfer 94 Kanals 01 Marla of land to the District Red Cross Society for setting up of a hospital. As per the revenue record, the Red Cross Society is recorded as owner. However, no hospital has been set up. It also appears that the resolution passed by the Gram Panchayat was not placed before the Government for approval and no such approval was granted. As per the revenue record, the Red Cross Society is recorded as owner. However, no hospital has been set up. It also appears that the resolution passed by the Gram Panchayat was not placed before the Government for approval and no such approval was granted. Despite this fact, the Red Cross Society continues to be recorded as owner in the ownership column of the jamabandi. Before initiating any further proceedings in the matter, we direct the Secretary, Rural Development and Panchayats, Punjab, to look into the matter and file an affidavit, whether the proposal made by the Gram Panchayat was ever placed before the Government and whether any approval was granted pursuant to the resolution. The Secretary, Rural and Panchayats, Punjab, shall also consider how the name of the Red Cross Society was recorded in the revenue record, and may suggest remedial measures. Adjourned to 23.08.2012. Copy of this order be given dasti under the signatures of the Bench Secretary of this Court. 5. A short reply, by way of affidavit dated 14.08.2012, has been filed, averring that resolution passed by the Gram Panchayat was never forwarded to the Government for approval, in accordance with mandatory provision of Rule 13 of the Punjab Village Common Lands (Regulation) Rule, 1964 (hereinafter referred to as the ‘1964 Rules’). The affidavit also records that though mutation was sanctioned, in the name of District Red Cross Society, but physical possession remained with the Gram Panchayat, which is leasing out the land till date. 6. We have heard counsel for the parties, perused replies and affidavits on record and have no hesitation in holding that as resolution passed by the Gram Panchayat, was a mere proposal and at no point of time it was placed for approval before the State Government, in terms of 7. Rule 13 of the 1964 Rules, it did not lead to a transfer of title. The revenue authorities, therefore, had no jurisdiction to record a mutation of ownership in favour of the District Red Cross Society. A Gram Panchayat may gift its land but only after obtaining prior approval from the State Government, in accordance with Rule 13 of the 1964 Rules. Rule 13 of the 1964 Rules reads as follows:- “13. The revenue authorities, therefore, had no jurisdiction to record a mutation of ownership in favour of the District Red Cross Society. A Gram Panchayat may gift its land but only after obtaining prior approval from the State Government, in accordance with Rule 13 of the 1964 Rules. Rule 13 of the 1964 Rules reads as follows:- “13. Purposes for which land may be gifted :- A Panchayat may gift land in shamlat deh vested in it under the Act for the purpose of hospital, dispensary or educational or charitable institutions as may be approved by the Government with the previous approval of:- (a) The Zila Parishad – where the area does not exceed two acres; (b) The Government – where the area exceeds two acres.” 8. In the absence of any approval by the State Government much less the resolution having been placed before the State for approval, we have no hesitation in holding that the resolution passed by the Gram Panchayat did not pass any title to the District Red Cross Society or confer any right upon revenue authority to sanction a mutation of ownership in the name of the District Red Cross Society. The land could only be gifted to the District Red Cross Society after prior approval from the State Government. Admittedly, no prior approval was either sought or granted. The mutation, in question, is, therefore, a nullity. 9. In this view of the matter, we allow the writ petition, declare mutation No.1590 dated 26.02.1981 as illegal and void and further direct revenue authorities to rectify their revenue record and also hold that the land, in dispute, continues to vest in the Gram Panchayat for management and control. 10. Disposed of.