BACHNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Civil Misc. Application No. 32632 of 2002 as well as the main writ petition.

(2.) THE petitioners have filed the instant writ petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus declaring the amended provisions of section 2(g)(4), (b), proviso to Section 13(B) and Section 7 of the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1992 (Haryana Act No. 9 of 1992), amendment of which has been made vide notification dated 11.2.1992, as ultra vires and unconstitutional and further to declare that the amended provisions have no adverse effect on the rights of the petitioners and further for issuance of a writ in the nature of mandamus directing the Assistant Collector, Ist Grade Kurukshetra (respondent No. 2) and Gram Panchayat, village Sunarian (respondent No. 3) not to dispossess the petitioners from the land in question.

(3.) THE aforesaid writ petition was listed for motion hearing for the first time before a Division Bench of this Court on 6.8.1992. On that date the writ petition was admitted on the statement of the counsel for the petitioner that the controversy in the writ petition is squarely covered by the controversy in C.W.P. No. 5781 of 1991, which already stood admitted; and in was ordered to be heard with C.W.P. No. 5781 and dispossession of the petitioners was stayed.