CHAIN PAL Vs. H S MALIK

JUDGEMENT

(1.) The petitioners in the present case had approached this court by filing CWP No. 23258 of 2010 Chain Pal and others vs State of Haryana and others seeking a direction to the respondent not to continue with the consolidation proceedings in pursuance to the notification dated 5.3.1990 issued by the State of Haryana regarding consolidation of 856 acres of Shamlat Deh land till the revenue record pertaining to the said land is prepared in accordance with law and further keeping in view the reports submitted by the Deputy Commissioner, Panipat vide letters dated 31.1.2003, 11.7.2007, 26.11.2007 and 13.3.2008.

(2.) From the very beginning, the Deputy Commissioner, Panipat, had been apprising the Financial Commissioner and Principal Secretary, Department of Revenue and Disaster Management, Haryana, that from various mutations entered in the revenue records, it is evident that some influential persons and the Land Mafia, in order to grab the land in collusion with the staff of the Consolidation Department, had got mutations entered wrongly. In the first letter dated 31.1.2003, a request was made by the Deputy Commissioner to the Financial Commissioner that the investigation is required to be got done through State Vigilance Bureau, Haryana. In the subsequent communication, on the basis of an enquiry conducted by Sub- Divisional Officer, Smalkha, Raj Kumar Bhoria, Tehsildar-cum Consolidation Officer, Samalkha and Kitab Singh, Assistant Consolidation Officer, Karnal, were prima facie found to be guilty. The departmental action against them was suggested.

(3.) This court had disposed of the aforesaid writ petition vide order dated 17.8.2011, while recording the statement made by learned Deputy Advocate General appearing for the State and directed that the decision be taken on the communications, Annexures P-2, and P-6 to P-8 by the Deputy Commissioner within a period of 90 days from the date certified copy of the order is placed before respondent no. 2, namely, the Director Consolidation, Haryana. The relevant part of the order is extracted below:-