LAWS(P&H)-2013-8-201

ZENITH REALTECH PVT. LTD Vs. STATE OF HARYANA

Decided On August 13, 2013
Zenith Realtech Pvt. Ltd. Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE present judgment shall dispose of three writ petitions i.e. CWP Nos. 2930, 7103 and 18218 of 2012 since issues are common in all the three cases. The facts are being taken from CWP No. 2930 of 2012, Zenith Realtech Pvt. Ltd. v. State of Haryana and others. The challenge in the present writ petition is to order dated 04.08.2011 (Annexure P -13), which has been issued on behalf of the Commissioner, Gurgaon Division, Gurgaon (respondent No. 2), directing the Revenue Authorities to act upon order dated 23.07.1992 and the subsequent Mutation No. 1090 dated 27.08.2011 sanctioned on the basis of the said directions whereby, the land in dispute has been shown to be Gram Panchayat Deh land. Further prayer made is for restoring Mutation Nos. 515 and 543 dated 22.12.2004 wherein, the Consolidation Authorities and Revenue Authorities had held the proprietors to be owners in possession and accordingly not to dispossess the petitioner and to allot land as prescribed in the Hakdarwar and in the Land Pass Book.

(2.) THE short question that arises in these set of writ petitions is basically as to whether order dated 23.07.1992 passed by respondent No. 2 wherein, he had allowed the revision of the respondent No. 7 -Gram Panchayat and held that the land vests in the Gram Panchayat has become final or not.

(3.) COUNSEL for the petitioner has vehemently contended that the order of the Commissioner dated 23.07.1992 (Annexure P -3) was a non -speaking order and based upon the Amendment Act No. 9 of 1992 and the Full Bench of this Court, in Jai Singh's case (supra), has set aside the mutations on the basis of 1992 amendment and, therefore, the right and title could not be changed by way of mutation. It was accordingly pleaded that by necessary implication, the order of the Commissioner was deemed to have been annulled. It is also submitted that the petitioner was never heard before the orders were passed and its rights were affected and the change in mutation was violative of the principles of natural justice.