Ved Parkash Etc. v. The Collector Yamunanagar Etc.

Civil Writ Petition No.15080 of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Civil Writ Petition No.15080 of 1999 Date of Decision:21.5.2015 Ved Parkash and others ..Petitioners versus The Collector, Yamuna Nagar and others ..Respondents Civil Writ Petition No.15081 of 1999 Rattan Singh and others ..Petitioners versus The Collector, Yamuna Nagar and others ..Respondents

CORAM:

HON'BLE MR JUSTICE RAJIVE BHALLA HON'BLE MR JUSTICE AMOL RATTAN SINGH

Present:

Mr. Harish Nain, Advocate, for the petitioners. Mr. D.Khanna, Addl.Advocate General, Haryana. for respondent nos. 1 and 2.

None for respondent no.3-Gram Panchayat.

RAJIVE BHALLA, J. (ORAL) By way of this order, we shall decide CWP Nos.15080 and 15081 of 1999.

The petitioners pray for issuance of a writ in the nature of certiorari for quashing orders dated 6.12.1996 and 20.5.1997 passed by the Assistant Collector, 1st Grade, Yamuna Nagar and the Collector, Yamuna Nagar, respectively.

Counsel for the petitioners states that he has instructions KUMAR VIRENDER 2015.05.28 10:56 I attest to the accuracy and authenticity of this docunt High Court Chandigarh

Civil Writ Petition No.15080 of 1999 2 not to press the petition on merits, but prays that as the petitioners have constructed houses, liberty may be granted to the petitioners to file an application before the Gram Panchayat under Rule 12(4) of The Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as "the 1964 Rules"), to consider selling land to the petitioners.

Counsel for the Gram Panchayat is not present. Counsel for the State of Haryana submits that as the petitioners are unauthorised occupants of land belonging to the Gram Panchayat, liberty to purchase the land may not be granted. As counsel for the petitioners has given up challenge to the eviction order on merits, the impugned orders are affirmed However, as counsel for the petitioners has prayed that liberty may be granted to file an application under rule 12(4) of the 1964 Rules, the writ petition is disposed of by granting liberty to the petitioners to file an appropriate application under rule 12(4) of the 1964 Rules. In case such an application is filed, it shall be considered and decided by the Gram Panchayat, in accordance with law, within three months of its filing.

( RAJIVE BHALLA ) JUDGE ( AMOL RATTAN SINGH ) 21.5.2015 JUDGE VK KUMAR VIRENDER 2015.05.28 10:56 I attest to the accuracy and authenticity of this docunt High Court Chandigarh