RAJ KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of Certiorari quashing orders dated 25.3.2010 and 18.11.2011 whereby 100 sq. yard plots have been allotted to members of Scheduled Castes pursuant to a Scheme prepared by the State of Haryana. The petitioner also prays that as the area to be allotted is part of a Gair Mumkin Johar (a pond), the Gram Panchayat should be directed to allot alternative land to the allottees.

(2.) Counsel for the petitioner submits that orders dated 25.3.2010 and 18.11.2011, allotting plots to Scheduled Caste allottees etc. are discriminatory, arbitrary and in violation of policy dated 1.2.2008 and that even otherwise, the allottees do not fulfill the criteria of allotment.

(3.) Counsel for the Gram Panchayat does not contest the correctness of arguments raised by counsel for the petitioner. Counsel for the State of Haryana submits that as allottees have not been impleaded as parties, allegations levelled by the petitioner, though conceded by the Gram Panchayat, cannot be entertained and the petitioner should be relegated to his alternative remedy under Section 5-B(2) of the Punjab Village Common Land (Regulation) Act, 1961 (hereinafter to be referred as the '1961 Act' only).