HARNEK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners have failed twice before this court and twice before the Apex Court. They have now ventured upon a third round of litigation. A few facts, as relevant for the decision of this case, may be briefly noticed.

(2.) THE petitioners were given land on lease under the provisions of the East Punjab Utilization of Lands Act, 1949 in the year 1956. At the expiry of the period of lease, proceedings for their eviction were initiated. The Assistant Collector vide his order dated December 31, 1984, had accepted the application and ordered the eviction of the petitioners. They filed an appeal. It was dismissed by the Commissioner. Thereafter, they approached the Court through various Civil Writ Petitions, including Writ Petition Nos. 4376 to 4378 of 1985 and Writ Petition Nos. 323 and 324 of 1986. Vide Order dated March 20, 1986, these petitions were dismissed by a Bench of this Court. Thereafter, the petitioners filed Special Leave Petitions, which were dismissed by their Lordships of the Supreme Court.

(3.) NOW the third round of litigation has been initiated. The petitioners allege that the provisions of Haryana Act No. 13 of the 1996 create a discrimination between the persons, who had been allotted land prior to 1961 and those who were allotted land during the period from May 4, 1961 to July 9, 1985. The provision contained in Section 2(g)(ii-a) is, thus, ultra-vires Article 14 of the Constitution. Still further it is claimed that the action of the respondents suffers from the vice of discrimination. On these premises, the petitioners pray that a writ of certiorari be issued, "quashing Haryana Amendment Act No. 13 of 1996 dated April 15, 1996."