SUNDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have prayed for the issuance of a writ in the nature of certiorari for quashing the order dated 16.04.2019 (Annexure P-5) passed by the Deputy Commissioner, Gurugram and also a writ in the nature of mandamus for seeking a direction to the respondents to deliver possession of the residential sites allotted to them in terms of Mahatama Gandhji Gramin Basti Yojna vide registered allotment/gift documentation.

(2.) In brief, the Gram Panchayat Shikohpur had allotted 100 sq. yds. residential plots to the eligible persons under the Mahatama Gandhi Gramin Basti Yojana (in short "Yojna") out of Khasra No.2431 which was reserved under Sections 4 and 5 of the Punjab Land Preservation Act, 1900 and being the 'Forest Area' no construction was allowed. Therefore, the petitioners came to the Court in CWP No.14771 of 2015 titled as "Surinder Singh and others Vs. State of Haryana and others", which was disposed of on 24.08.2015 with the following order:-

(3.) Thereafter, Deputy Commissioner, Gurugram has passed the impugned order on 16.04.2019 in which he has specifically mentioned that the petitioners are not entitled/eligible for allotment of the plots and in this regard relied upon an inquiry report dated 15.04.2019 prepared by the District Development and Panchayat Officer, Gurugram in which some of the beneficiaries much less the petitioners are not found eligible because of multiple reasons i.e. encroachment on panchayat land, government jobs, already plot allotted etc. Aggrieved against the said order, the present petition has been filed.