KARAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have invoked the extra ordinary writ jurisdiction of this Court for issuance of writ in the nature of certiorari for quashing of the orders dtd. 29/7/1999 (Annexure P-10), 7/9/2001 (Annexure P-11), 13/9/2005 (Annexure P-12) and 17/1/2007 (Annexure P-14), whereby the Gram Panchayat Burj Kotia had invoked the jurisdiction of the Assistant Collector, Grade-I, by challenging the mutation No.601 of Village Kotia on the premise that the land sought to be allotted vide order dtd. 20/12/1984 (Annexure P-1) is sham lat deh, in essence, vests in Gram Panchayat.

(2.) Mr. Sanjay Majithia, learned Senior Counsel assisted by Mr. R.P. Daaria, learned counsel appearing on behalf of petitioners submits that on 22/10/1953, 8-3 standard acres of land against the verified claim of 16 standard acres of land left in Pakistan was allotted to the petitioner by imposing cut of 50%. The cut of 50% had already been set aside by the Division Bench of this Court in CWP No.841 of 1968, decided on 1/11/1979.

(3.) Matter was raked up before the authorities for the allotment of the balance land. Vide Annexure P-1, the Assistant Registrar, Rehabilitation Department, Haryana, Chandigarh held that Maghar Singh was entitled to the extent of 4-4- standard acres of land in Village Hijrawan Khurd or nearby village according to the availability of the area and grade. Resultantly, mutation dtd. 8/1/1986 of the following land was caused in favour of Maghar Singh. Details of which are given hereinbelow:-