IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11001 of 2008 Date of decision: 21.1.2011 Babu Ram …..Petitioner versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.S.K.S.Bedi, Advocate for the petitioner Mr.Kamal Sehgal, Addl.A.G.Haryana Jasbir Singh, J. (Oral) In this writ petition, the petitioner has laid challenge to the vires of Haryana Act No.13 of 1996. As per information supplied at the bar by counsel for the parties, a Division of this Court, vide order dated 7.4.2010 passed in CWP No.4816 of 1986 titled as, Gram Panchayat of village Kum-Kalan versus The State of Punjab and others, has upheld vires of the above said provisions. The present case is squarely covered against the petitioner, by the judgment, mentioned above. It is further contention of counsel for the petitioner that vide amendment effected in the provisions of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana), vide Act No.13 of 1996, discrimination has been done with the petitioner. It is Civil Writ Petition No.11001 of 2008 contention of counsel for the petitioner that by adding Clause (ii-a) in Sub- section 5 of Section 2 , sale of Gram Panchayat’s land before 9th day of July 1985 is saved, whereas, by not giving that relief to others, who have purchased the land after that date, injustice has been done to them. Amended Clause (ii-a) in Sub-section 5 of Section 2 reads thus:- “(ii-a) was shamilat deh, but, has been allotted on quasi-permanent basis to a displaced person, or, has been otherwise transferred to any person by sale or by any other manner whatsoever after the commencement of this Act, but on or before the 9th day of July, 1985.” We are not inclined to give any relief to the petitioner on the basis of above arguments. It is noted by this Court in the judgment in the case of Gram Panchayat of village Kum-Kalan (supra), that the government has added the above said provision with a view to give relief to those who have purchased the land before judgment pronounced by their Lordships of Hon’ble Supreme Court passed in Gram Panchayat of village Jamalpur v. Malwinder Singh and others, (AIR 1985 Supreme Court 1394) on 9.7.1985. We are of the opinion that procedure adopted is perfectly justified. It is not open to the Courts to issue directions to the legislature to frame a law in a particular manner. Otherwise also, it is not a case of discrimination with the petitioner because vide amendment in question, the respondent-State has only protected sale of Gram Panchayat’s property to the new land owners, which was effected before pronouncement of judgment in the case of Gram Panchayat of village Jamalpur’s case (supra). Possibly, no sale of the 2 Civil Writ Petition No.11001 of 2008 Gram Panchayat’s land after that date can be protected and validated in favour of the private individuals. Dismissed. (Jasbir Singh) Judge 21.01.2011 (Rakesh Kumar Garg) gk Judge 3