Hardeep Singh And ORS. v. State Of Haryana & ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.9320 of 2016 Date of Decision: May 12, 2016 Hardeep Singh and others ....Petitioners versus State of Haryana and others .....Respondents CORAM:HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE A.B.CHAUDHARI.

--- Present: Mr.V.B.Aggarwal, Advocate, for the petitioners. Ms.Kirti Singh, Deputy Advocate General, Haryana. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) Notice of motion to respondent No.1, 2, 4 & 5 only at this stage.

On our asking, Ms.Kirti Singh, learned Deputy Advocate General, Haryana, accepts notice on their behalf. Let four copies of the writ petition be handed over to learned State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for nonprosecution. In view of the nature of order which we propose to pass, there is no necessity to seek counter-reply from respondent Nos.1, 2, 4 & 5 nor respondent No.3 is required to be served at this stage as no order on merits prejudicial to its interest is being passed.

MOHINDER KUMAR 2016.05.31 11:40 I attest to the accuracy and integrity of this document Chandigarh

CWP No.9320 of 2016 [2] The petitioners seek to restrain the Gram Panchayat of their village Mohanpur, Tehsil Pehowa, District Kurukshetra, from changing the nature of land reserved for the common purpose of 'charand'. Reliance is placed on a decision of this Court dated 07.07.2011 passed in CWP No.13652 of 2009 (Baljinder Singh and others versus The State of Haryana and others). The petitioners in this regard are said to have submitted their objections dated 23.03.2015 (P-4) under Section 5B(2) of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana.

Having heard learned counsel for the parties and considering the nature of relief sought, however, without expressing any views on merits, we dispose of this writ petition with a direction to the Deputy Commissioner, Kurukshetra, to consider and take an appropriate decision on the aforesaid objections said to have been submitted by the petitioners, by passing a speaking order in accordance with law within a period of four months from the date of receiving a certified copy of this order.

It is further directed that meanwhile utilization of the Gram Panchayat land for any other common purposes, shall be subject to the final decision to be taken in compliance of the directions issued herein-above. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE May 12, 2016 [A.B.CHAUDHARI] mohinder JUDGE MOHINDER KUMAR 2016.05.31 11:40 I attest to the accuracy and integrity of this document Chandigarh