CWP No. 6428 of 2004 1 PUNJAB AND HARYANA HIGH COURT, CHANDIGARH. *** CIVIL WRIT PETITION NO. 6428 OF 2004 Date of Decision: 3rd October, 2011. Raghbir Singh. ..Petitioner Versus The State of Haryana and others. ....Respondents *** CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH. *** Present: Shri Som Nath Saini, Advocate, for the petitioner . Shri Ajay Kumar Gupta, Addl: A.G.Haryana. Shri Ravi Sharma, Advocate, for the respondents. *** Paramjeet Singh, J . The instant writ petition has been filed by Raghbir Singh for issuance of a writ in the nature of certiorari for quashing the orders dated 27.2.2004 (Annexure P-8) passed by Commissioner and Secretary - respondent No.1, 10.3.1999 and 29.10.1987 (Annexures P-5 and P-2), respectively, passed by Chief Settlement Commissioner - respondent No.2. The brief facts are that one Chanan Singh son of Jamal Singh who was displaced person from Pakistan was allotted land to the extent of 7-14/3/4 standard acres in Village Goli Tehsil Mulana in the year 1980. He sold the said land in favour of Amarjit Singh and Smt. Sukhwinder Kaur, who further sold the land to the petitioner, vide sale deed dated 9.1.1987. The allotment made in favour of Chanan Singh was cancelled by the Settlement Commissioner vide orders dated 29.10.1987, and 10.3.1999 (Annexures P-2 and P-5), respectively. Against the said orders, petitions under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter to be referred to as the Act, 1954), were preferred to the Commissioner and Secretary to the Government of Haryana, Department of Rehabilitation and the said petitions were disposed of vide order dated 27.2.1984 (Annexure P-8) by respondent No.1 with the directions that the petitioner may approach the competent court for getting the remedy, if any. Feeling aggrieved from the said order, the petitioner has filed the present writ petition. Admittedly in the present case allotment of land was made in the CWP No. 6428 of 2004 2 year 1980 and thereafter the land was sold to one Amarjit Singh and his wife Sukhwinder kaur. Thus, the allotment of land to Chanan Singh was prior to 9.7.1985. In view of the decision of the Hon'ble Supreme Court in Gram Panchayat, Jamalpur Versus Malwinder Singh (AIR 1985 Supreme Court 1394), the State of Haryana made amendment in the Punjab Village Common Lands (Regulation) Act, 1961 vide Haryana Amendment Act No. 13 of 1996 which received the assent of Governor of Haryana on 8.4.1996. By this amendment, sub-clause 2(ii-a) was introduced after clause 2(ii) of Section 2(g) and the land allotted on or before 9th July, 1985 were excluded from the purview of Section 2(g) of the Village Common Lands Act, 1961 (hereinafter to be referred to as 'the Act'. The validity of the amendment in 'the Act' has been up-held by the Division Bench of this Court in CWP No. 4816 of 1996 Gram Panchayat of Village Kum-Kalan Versus The State of Punjab and others decided on 7.4.2010. Admittedly, Chanan Singh was allotted land in the year 1980 prior to 9.7.1985. He sold the said land in favour of Amarjit Singh and Smt. Sukhwinder Kaur, who further sold the land to the petitioner, vide sale deed dated 9.1.1987. In view of the above position, the case of the present petitioner is covered by the decision of a Division Bench in Gram Panchayat of Village Kum-Kalan's case, referred to above. Accordingly, the writ petition is allowed, orders dated 27.2.2004 (Annexure P-8), 10.3.1999 and 29.10.1987 (Annexures P-5 and P-2) respectively, passed by respondents No.1 and 2 are hereby quashed. ( Paramjeet Singh ) Judge October 03,2011 (Satish Kumar Mittal) Malik Judge