CWP No.3216 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3216 of 2008 Date of decision: 08.09.2010 Bir Singh and others ..... Petitioners Versus The State of Haryana through Commissioner, and Secretary to Government, Department of Panchayat & Development, Haryana Civil Secretariat, Chandigarh and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Vikram Singh, Advocate for the petitioners. Mr.D.Khanna, Addl.A.G., Haryana for respondents no.1 and 2. Mr.Malkeet Singh, Advocate for respondent no.3. ***** RAJIVE BHALLA, J.(ORAL) The petitioners pray for issuance of a writ in the nature of certiorari for quashing the order dated 30.10.2007, passed by the Deputy Commissioner, Karnal, vide which the petitioners representation for purchase of land, which is the site of their house, has been rejected. Counsel for the petitioners submits that in view of the withdrawal of the policy, for purchase, framed by the State of Haryana and the repeal of Rule 8(3) of the Punjab Village Common Lands (Regulation) Rules, 1964, the Gram Panchayat may be directed to re-consider the petitioners prayer for purchase as their houses have been in existence for more than 60 years. Counsel for the Gram Panchayat, on instructions from Smt.Suman Devi, Sarpanch, who is present in court states that in case the petitioners file a fresh application, the Gram Panchayat would re-consider the matter. It is further submitted that the Gram Panchayat has already passed a resolution, CWP No.3216 of 2008 -2- in favour of the petitioners. Counsel for the State of Haryana submits that though the prior application has been rejected, the State would re-consider the matter in accordance with law as and when it is forwarded by the Gram Panchayat. In view of the statements made by counsel for the parties, the writ petition is disposed of with liberty to the petitioners to file a fresh application before the Gram Panchayat under Rule 12(4) of the Punjab Village Common Lands (Regulation) Rules, 1964 (as applicable to the State of Haryana). In case such an application is filed, the Gram Panchayat shall decide the application by passing a resolution in accordance with law. In case the petitioners request for purchase is accepted, the Gram Panchayat shall forward the request to the Deputy Commissioner, Karnal, who shall decide the petitioners request within three months. Parties shall maintain status quo with respect to possession till the matter is decided by the Deputy Commissioner, Karnal. 08.09.2010 [ RAJIVE BHALLA ] shamsher JUDGE