Punjab-Haryana High Court
Chirangi & Others vs State Of Haryana & Others on 7 May, 2013
Bench: Rajive Bhalla, Rekha Mittal
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.7359 of 2012 (O & M)
Date of Decision: May 07, 2013
Chirangi & others
..... PETITIONERS
VERSUS
State of Haryana & others
..... RESPONDENT
...
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS. JUSTICE REKHA MITTAL
...
PRESENT: - Mr. B.K. Bagri, Advocate, for the applicant-
petitioners.
Mr. Randhir Singh, Additional Advocate General,
Haryana, for respondent Nos.1 to 4.
Mr. Jitender Dhanda, Advocate, for respondent
No.5.
Mr. Sanjay Vashisth, Advocate, for respondent
Nos.6 to 34, 36 and 37.
. . .
Rajive Bhalla, J (Oral)
C.M. No.7062 of 2013 Application is allowed.
Replication to written statement of respondent No.5 alongwith documents, Annexure P-43 to P-45, is taken on record. CWP No.7359 of 2012 [2] C.W.P. No.7359 of 2012
The petitioners' grievance is directed against allotment of plots to members of scheduled castes and backward classes, on the premise that land reserved for a cremation ground and pond is being allotted/ gifted by the Gram Panchayat to members of scheduled castes and backward classes. Counsel for the petitioners also contends that a large number of allottees are not eligible as they do not belong to scheduled castes or backward classes.
We have heard the learned counsel.
As Section 5-B(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (applicable to State of Haryana) provides an efficacious alternative remedy to the petitioner to seek adjudication of these disputed questions of fact, we relegate the petitioner to filing such a petition in accordance with law. In case, such petition is filed, it shall be considered and decided within three months of its filing.
Disposed of accordingly.
(Rajive Bhalla)
Judge
(Rekha Mittal)
May 07, 2013 Judge
avin