ANTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, who are the members of the Scheduled Castes community, have filed the present petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order/letter dated 6-9-1991 (Annexure P-14) issued by respondent No. 1, vide which it was decided to transfer the Nazool land measuring 131 Kanals 14 Marlas, which is in cultivating possessing of the petitioners, to the Forest department, and in case the Forest department does not want it, the same may be sold in open auction; and further for the issuance of a writ in the nature of mandamus directing the respondents to transfer the aforesaid land to the petitioners on the basis of their long cultivating possession in accordance with the provisions of Nazool Lands (Transfer) Rules, 1956 and the Nazool Land (Transfer) Haryana amendment Rules, 1976.

(2.) In the petition, the petitioners have stated that the land in question measuring 131 kanals 14 Marlas, which is situated in Village Siwan, Tehsil and District Kaithal, is the Nazool land. This land was given by the Government to the petitioners on lease for cultivation about 25 years back. At that time, it was not fit for cultivation. The petitioners, with their hard labour, reclaimed the said land and made it cultivable. With the object to transfer the Nazool lands the State Government has framed the Rules known as Nazool Lands (Transfer) Rules, 1956. Under the aforesaid Rules, the Government issued instructions to the effect that such land should be transferred to only those members of the Scheduled Castes community who are actual tillers of the soil. After the formation of the State of Haryana, the aforesaid Rules were amended by the Government of Haryana vide the Nazool Land (Transfer) Haryana amendment Rules, 1976. According to those Rules, it was obligatory on the Government to transfer all the Nazool land to the members of the Scheduled Castes community who are already cultivating such land. Since the petitioners are the members of the Scheduled Castes Community and are cultivating the land in question for the last so many years, therefore, the Nazool land in their possession was required to be transferred to them according to the aforesaid Rules. In this regard, the petitioners filed representation (Annexure P-10) dated 26-5-1986 before the authorities. The Deputy Commissioner, Kurukshetra considered that representation and recommended the claim of the petitioners to the Government for transfer of the land in question to them on the fixed price. But the State Government vide its order/letter dated 6-9-1991 (Annexure P-14) decided to transfer the land in question to the Forest Department and in case the Forest Department is not interested, then the same may be sold in open auction. The said order has been challenged by the petitioners in the instant writ petition.

(3.) Learned counsel for the petitioners, while referring to the decision of the Hon'ble Supreme Court in Charan Singh v. State of Punjab, 1997 (1) Pun LJ 188 , has submitted that the petitioners are in cultivating possession of the land in question from the year 1969 when it was leased out to them by the Government being members of the Scheduled Castes community. It is submitted that according to Rule 3(b) of the Nazool Lands (Transfer) Rules, 1956 as amended by the State of Haryana, it is mandatory for the Government to transfer the Nazool lands to the Co-operative Societies which were formed by the heads of the Scheduled Castes families and if such societies are not available, then the Nazool lands may be allotted to the members of the Scheduled Castes community individually upto the unit of Nazool lands as defined in clause (e) of Rule 2. For the purpose of allotment of Nazool lands to the individual members of the Scheduled Castes, who are already cultivating such lands, shall be given preference. Such land is required to be transferred to the individual allottee on one third of the market price as determined by the Collector of the District. Learned counsel for the petitioners further submitted that the decision of the Government vide the impugned order/letter transferring such land to the Forest Department or in alternative to be sold in open auction is totally contrary to the aforesaid provisions. He further submitted that the Deputy Commissioner, Kurukshetra has recommended for the permanent allotment of the land in question to the petitioners vide his order dated 6-6-1984, according to which each lease holder (four in number) should be allotted 24 kanals of Nazool land and the remaining 35 kanals 14 marlas of land be got vacated from them and the same be sold in open auction.