High Court of Punjab and HaryanaCWP/20440/2020dismissed

Om Parkash And ORS v. State Of Haryana And ORS

2020-12-01Mr Justice Jaswant Singh,Mr. Justice Sant Parkash2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Civil Writ Petition No. 20440 of 2020 (O&M) Date of Decision: 01.12.2020 Om Parkash and others .......... Petitioners

Versus

State of Haryana and others .......... Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH

Present:

Mr. Vikram Singh, Advocate for the petitioners.

[ The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court ] **** JASWANT SINGH, J. (ORAL) The eviction of the petitioners under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, from the areas belonging to the Panchayat in unauthorized possession of the petitioners stands concluded, however, the prayer is for permitting the petitioners to purchase the said area as per Rule 12 (4) of the Punjab Village Common Land (Regulation) Rules, 1964 (in short "the 1964 Rules").

No doubt, the Gram Panchayat, Village Hathira, Tehsil Thanesar, District Kurukshetra, vide Resolution dated 17.01.2020 has already rejected the claim of the petitioners for such allotment in terms of the 1964 Rules, however, it is contended that the final decision has to be taken by the State Government, since as per the scheme of the Rules 1964, the Gram Panchayat is only a recommending body. DINESH KUMAR 2020.12.04 11:08 I attest to the accuracy and integrity of this document

C.W.P. No. 20440 of 2020 (O&M) -2At the time of hearing, counsel for the petitioners realizing that the correct scope of the 1964 Rules has not been enumerated in the body of the writ petition, therefore, prays for permission to withdraw the writ petition to enable his clients to file a fresh one with better particulars.

Dismissed as withdrawn with the liberty, as prayed for. ( JASWANT SINGH ) JUDGE December 01, 2020 ( SANT PARKASH ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2020.12.04 11:08 I attest to the accuracy and integrity of this document