RALLA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners pray for the issue of a writ of mandamus directing the respondent-authorities "to take a policy decision for the allotment of land . . . . . . on permanent basis after determining the market value of the land w.e.f. the date it was allotted to 13 members of the said society . . . . . . ." They also pray that the respondent-Gram Panchayat be not allowed to dispossess them from the land.

(2.) The petitioners aver that 140 acres of land in village Garhi Langri, Tehsil Pehowa, was allotted to them. They have been in cultivating possession of the land. After the land was made cultivable, they are now sought to be evicted by the Gram Panchayat. The petitioners allege that in view of the amendment of Section 2(g) by the Haryana Act No. 13 of 1996, the land stands excluded from 'Shamilat Deh'. As such, the Panchayat has no right in the land. On these premises, the petitioners have approached this Court and made the two-fold prayer, as noticed above.

(3.) We have heard Mr. Gurnam Singh, learned counsel for the petitioners. He contends that the land had been given on lease to the petitioners for a period of 20 years. Even though the period of lease had expired in the year 1972, the petitioners have continued to remain in possession. Having made the land cultivable, they have a right to continue in occupation. In any event, he submits that the State Government should frame a policy to allot the land on permanent basis. Secondly, the counsel contends that the land does not form part of the 'Shamilat Deh'. Thus, the Panchayat has no right over the land.