In the High Court of Punjab and Haryana at Chandigarh L.P.A. No. 1662 of 2011(O&M) Date of Decision: September 09, 2011 Sultan Mohammad and others ---Appellants versus State of Haryana and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. Mahavir Sandhu, Advocate, for the appellants *** 1. To be referred to the Reporter or not? 2. Whether the judgment should be reported in the Digest? M.M.Kumar, J. 1. The instant appeal is directed against interim order dated 2.6.2011 passed by the learned Single Judge while admitting the writ petition and vacating the stay order. 2. We have heard learned counsel for the appellants at length. Land in question is being utilized by the respondent State of Haryana for implementation of Policy dated 1.2.2008(P-5) which postulates that 100 square yards plot to the families of Schedule Caste and those living below the poverty line is to be allotted from the available shamlat land. It is not disputed that the land in question is vacant and is situated in 'abadi deh'. As per definition of L.P.A. No. 1662 of 2011 -2- 'shamlat deh' under Section 2(g)(4a) of the Punjab Village Common Lands (Regulation)Act, 1961 as applicable to Haryana (for brevity “the Act”), shamlat would include vacant land situated in abadi deh or Charand not owned by any person. In para No. 3 of the written statement filed by the respondents, a categorical stand has been taken that the land in question vests in Gram Panchayat as it is shamlat under Section 2(g)(4a) of the Act. 3. In view of the above, no case is made out for interference in the interim order dated 2.6.2011 passed by the learned Single Judge. Accordingly, the appeal is dismissed. (M.M.KUMAR) JUDGE (GURDEV SINGH) JUDGE September 09, 2011 PARAMJIT