ANAND SHARMA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Civil Misc. No.621 of 2011 Application is allowed. Replication is taken on record. CWP No.14804 of 2010 This petition has been filed under article 226/227 of the Constitution of India praying for the issuance of a writ in the nature of certiorari for quashing the order dated 20.05.2010 (Annexure P-7). Further prayer has been made in the writ petition for issuance of a writ in the nature of mandamus directing the respondents to allot the land in terms of Rule 6A of the Punjab Village Common Lands (Regulation), Haryana Amendment Rules, 2008 and change revenue entries accordingly.

(2.) The petitioner claims himself to be in possession of land defined in Para 3 of the writ petition since 1963, having taken possession Civil Writ Petition No.14804 of 2010 (O&M) of the land under Resolution dated 1.9.1963 (Annexure P-1). Reference needs to be made to the contents of Annexure P-1 to adjudicate the issue. Annexure P-1 is copy of Resolution passed by Gram Panchayat, Badoli, Block Faridabad, District Gurgaon, showing that the land has been given to the petitioner under Sec. 8(3) of the Common Land Act so as to avoid illegal and unauthorized possession of land with the stipulation that petitioner would not be charged rent for a period of 10 years and thereafter, would be liable to pay INR 100.00 per year.

(3.) It appears that after filing of application dated 29.12.2008 (Annexure P-5) by the petitioner for allotment of land to him, no decision was taken by the respondent authorities. The petitioner filed Civil Writ Petition No.16927 of 2009 which was disposed of vide order dated 16.12.2009 (Annexure P-6). The respondents were directed to take decision on the application of the petitioner within four months of receipt of certified copy of the order. Consequently, order dated 20.5.2010 (Annexure P-7) has been passed, operative part whereof reads as under:-