JAGJIT SINGH AND OTHERS Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) This order shall dispose of two petitions bearing CWP Nos. 25192 and 25937 of 2013 as according to learned counsel for the parties, the issue involved therein is identical. For brevity, the facts are being extracted from CWP No. 25937 of 2013.

(2.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 6.11.2013 (Annexure P-4) passed by respondent No.3.

(3.) A few facts necessary for adjudication of the instant appeal as narrated therein are that the land of village Tundli, Tehsil and District Ambala was acquired by the State of Haryana and the petitioners and their ancestors were recorded in possession as gair marusian and as such were entitled to proportionate share of the compensation of the land acquired on which the ownership was recorded in the name of Panchayat deh. The petitioners claimed their possessory rights and sought compensation of the acquired land in their possession. Respondent No.2 moved an application dated 10.10.2012 (Annexure P-1) before respondent No.1 claiming compensation qua the land in question on the basis of power of attorney and agreement to sell. Respondent No.1 vide letter dated 14.1.2013 (Annexure P-2) asked the petitioners to deposit the compensation amount of Rs. 1,40,803.00 received by them. The petitioners filed reply dated 6.3.2013 (Annexure P-3) to the said letter stating therein that they have received the compensation on the basis of their possessory rights in the land in question. Respondent No.1 vide order dated 6.11.2013 (Annexure P-4) directed the petitioners to deposit back the amount of Rs. 1,40,803.00 received by them. Hence, the present writ petition.