CWP No.21377 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.21377 of 2008 Date of decision: 02.08.2011 Mahavir Singh ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. K.S. Malik, Advocate, for the petitioner. Mr. Gaurav Dhir, DAG, Haryana. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Affidavit of Sh. Aurbind Sharma, Sub-Divisional Officer (C) – cum – Allotment Authority, Jind, handed over in the Court today is taken on record. Petitioner has invoked the writ/supervisory jurisdiction of this Court assailing order dated 17.4.2008 (Annexure P-11) passed by Allotment Authority/SDO (C), Jind, whereby application of the petitioner seeking allotment of the surplus land being landless ex- serviceman, was rejected. While rejecting the application of the petitioner, learned Allotment Authority/SDO (C), Jind, has observed that no surplus land is available in village Igrah, therefore, as per Section 5 (4) of the Haryana Utilization of Surplus and Other Areas Scheme, 1976, no application for allotment shall be entertained. Even today, Mr. Aurbind Sharma, Sub-Divisional Officer (C) CWP No.21377 of 2008 2 – cum – Allotment Authority, Jind, has stated in the affidavit that no surplus land is available in village Igrah, therefore, no land can be allotted in favour of the petitioner. Jagdish Chander, Kanungo of the area, is also present in the Court with the revenue record. He states that no surplus land is available in village Igrah, therefore, application of the petitioner is not maintainable. Although, while exercising jurisdiction under Article 226 of the Constitution of India this Court is not supposed to enter into the factual controversy to find out as to whether any surplus land is available in the village or not, however, keeping in mind that petitioner is landless ex-serviceman, this Court had directed the Sub-Divisional Officer (C) – cum – Allotment Authority, Jind, to file an affidavit to the effect as to whether any land is available in the village, which could be allotted to the petitioner. As per the affidavit filed today, as observed hereinabove, and as per the statement of Jagdish Chander, Kanungo, no surplus land is available in the village, therefore, there is no question of allotting any land in favour of the petitioner. Thus, petition is dismissed. (Alok Singh) Judge August 02, 2011 R.S.