Punjab-Haryana High Court
Jeona Singh And Others vs The State Of Haryana And Others on 3 October, 2011
Author: Paramjeet Singh
Bench: Satish Kumar Mittal, Paramjeet Singh
CWP No. 18909 of 2005 1
PUNJAB AND HARYANA HIGH COURT, CHANDIGARH.
***
CIVIL WRIT PETITION NO. 18909 of 2005 Date of Decision: 3rd October, 2011.
Jeona Singh and others Versus The State of Haryana and others.
*** CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH.
*** Present: Shri Som Nath Saini, Advocate, for the petitioner .
Shri Ajay Kumar Gupta, Addl: A.G.Haryana.
Shri Randhir Bawa, Advocate, for respondent No.4.
*** Paramjeet Singh, J The instant writ petition has been filed by Jeona Singh and others for issuance of writ of certiorari for quashing the order dated 28.12.1987, Annexure P-2, passed by Joint Secretary (Rehabilitation)-cum- Chief Settlement Commissioner - respondent No.2, whereby the allotment of land in favour Dayal Singh son of Lehna Singh who subsequently transferred /sold the same to various persons has been cancelled.
The admitted facts of the case are that vide Annexure P-1 allotment of land measuring 58 kanals 3 Marlas in Village Majri Tehsil Guhla District Kurukshetra (Now in District Kaithal), was made in the year 1980-81 in favour of Dayal Singh who owned land in West Pakistan and migrated to India during partition of the country. The case of the petitioners is that the land in question was custodian evacuee property which was allotted to Dayal Singh and said Dayal Singh sold the land to Pirthi Singh CWP No. 18909 of 2005 2 son of Chottu Singh and Jaswant Singh in equal shares vide sale deed dated 7.8.1981 and mutation No. 686 to that effect was entered in the revenue record. Thereafter Pirthi Singh sold his half share in the land in favour of petitioner Nos. 1 to 4 in equal shares vide sale deed dated 14.11.1983 and mutation to that effect was also incorporated in the revenue record. Thereafter petitioner No.11 sold his half share i.e. 1/4th share in the total land in favour of predecessor in interest of petitioner Nos. 5 to 10 vide registered sale deed dated 21.5.1985 and mutation No. 790 was sanctioned in this regard.
The Chief Settlement Commissioner made a reference to the Assistant Registrar- cum- Managing Officer, Rehabilitation Department for initiating proceedings for cancellation of land allotted to the original allottee and in pursuance to that proceedings, order dated 28.12.1987, Annexure P-2, had been passed and in view of the judgment of the Hon'ble Supreme Court in Gram Panchayat, Jamalpur Versus Malwinder Singh (AIR 1985 Supreme Court 1394), the allotment of shamlat land to the allottee was held void and the same was cancelled.
The State of Haryana made amendment in the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred to as 'the Act'), vide Haryana Amendment Act No. 13 of 1996 which received the assent of Governor of Haryana on 8.4.1996. By way of amendment Sub- clause 2(ii-a) was introduced after clause 2(ii) of Section 2(g) and the land allotted on or before 9th July, 1985 was excluded from the purview of Section 2(g) of 'the Act'.
The validity of amendment in the said Act has been up-held by the Division Bench of this Court in CWP No. 4816 of 1996 titled as Gram Panchayat of Village Kum Kalan Vs. The State of Punjab and others decided on 7.4.2010.
Admittedly, the allotment of the land in favour of the allottee CWP No. 18909 of 2005 3 was made prior to 9.7.1985 and as such the land allotted on or before the said date is excluded from the purview of Section 2 (g) of ' the Act', referred above.
In view of the admitted facts, the present writ petition filed by the petitioners is squarely covered by the aforesaid decision of a Division Bench of this Court in Gram Panchayat of Village Kum-Kalan's case, referred to above. Accordingly, the writ petition is allowed. Consequently, the order (Annexure P-2) dated 28.12.1987, passed by respondent No.2 is hereby quashed.
(Paramjeet Singh)
Judge
(Satish Kumar Mittal)
October 03, 2011 Judge
Malik