Punjab-Haryana High Court
Dharamvir Singh And Others vs State Of Haryana And Others on 24 September, 2012
Bench: Rajive Bhalla, Rekha Mittal
CWP No.19025 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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CWP No.19025 of 2012
DATE OF DECISION : 24.09.2012
Dharamvir Singh and others ...Petitioners
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS. JUSTICE REKHA MITTAL
Present : Mr. Mahavir Sandhu, Advocate,
for the petitioners.
RAJIVE BHALLA, J. (ORAL)
The petitioners challenge resolution dated 20.11.2008 passed by the Gram Panchayat as well as order dated 09.07.2012 passed by the Director General, Development and Panchayats, Haryana, upholding this resolution, on the premise that the Gram Panchayat has no jurisdiction to carve out 100 Sq. Yards plots out of Shamilat Deh.
Counsel for the petitioners submits that the land, in dispute, though recorded as ownership of the Gram Panchayat, does not vest in the Gram Panchayat as it is Shamilat Deh Hasab Rasad Rakba Khewat. The Gram Panchayat, therefore, has no right, much less under the policy, framed by the State of Haryana, under Rule 12(4) and 13 of the Punjab Village Common Lands (Regulation) Rules, 1964, to carve out plots from this land.
We have heard counsel for the petitioners and find no reason to issue the writ, as prayed. The policy framed by the State of Haryana for allotment of 100 Sq. Yards plots, to weaker sections and Scheduled Castes, was considered and upheld in Rajbir Singh Vs. State of CWP No.19025 of 2012 -2- Haryana and others, 2010(1) R.C.R.(Civil) 243. The petitioners' plea that the land, in dispute, does not vest in the Gram Panchayat, can be raised by the petitioners by resort to his remedy under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961. The writ petition is accordingly dismissed.
(RAJIVE BHALLA)
JUDGE
24.09.2012 (REKHA MITTAL)
adhikari JUDGE