AMAR NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India, in which the order dated the 26th April, 1967 passed by the Assistant Collector, Ist Grade, Kaithal, Annexure 'A' is being sought to be quashed.

(2.) The averments made by the petitioner are that the petitioner is a Balmiki, resident of Sandeel, Tehsil Kaithal, District Karnal. Seventeen killas of land in the said village declared as nazul land and it is also averred that the same being auctioned in two portions, one portion was being leased out to 25 houses belonging to Ramdasias and the other portion to 25 houses belonging to Balmikis. It is alleged that the petitioner is in possession of one portion of the land since last many years. The further averment is that respondent Nos. 3 to 6 purchased this land in auction which was conducted in Assandh town without any notice to the petitioner. It is averred that the petitioner made a representation to the Revenue Minister Haryana, who sent the same for enquiry to the Deputy Commissioner, Karnal, who reported that it was open to the petitioner to have filed an appeal under the Nazul Land (Transfer) Rules, 1956. But this had not been done, and as such no action could be taken by the Deputy Commissioner on the executive side. A mutation regarding this land was attested in favour of Antu, respondent No. 4 by the Assistant Collector Ist Grade, Kaithal vide his order dated 26th April, 1967, Annexure 'A'. That order is being challenged in this Court.

(3.) The Deputy Commissioner, Karnal, has filed a written statement in this case and in para 6 of the written statement, he has stated as under :-