Civil Writ Petition No. 3571 of 2008 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 3571 of 2008 Date of Order: 05.10.2010 Bhoop Singh and others ....Petitioners Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Sanjiv Gupta ,Advocate for the petitioners Ms. Shruti Jain, AAG, Haryana for respondents no.1 to 4 Mr. Surinder Batra, Advocate for respondent no.6. RAJIVE BHALLA, J (Oral). The petitioners pray for issuance of a writ in the nature of certiorari for setting aside the ejectment order passed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 and in the alternative for issuance of a direction to the Gram Panchayat to consider the petitioners' request for purchase of this land as it is the site of their respective houses. Counsel for the petitioners submits that he gives up his prayer challenging the order of ejectment but prays that in view of the Rule 12(4) of the Punjab Village Common Lands (Regulation) Rules, 1964 (applicable to the State of Haryana), the Gram Panchayat may be directed to consider the petitioners' request for purchase of the Civil Writ Petition No. 3571 of 2008 -2 land, which is site of their houses. Counsel for the Gram Panchayat states that the land in dispute has been transferred to the P.W.D (B&R) for setting up of water works and, therefore, cannot be transferred to the petitioners. I have heard counsel for the parties and perused the impugned order. The Deputy Commissioner, Sirsa, has filed an affidavit dated 30.09.2010, clearly stating that the land in possession of the petitioners does not obstruct any traffic or passer by and does not come in the way of executing the water works project. In view of the prayer made by counsel for the petitioners and the report submitted by the Deputy Commissioner, the impugned order is affirmed, but the writ petition is disposed of with liberty to the petitioners to file an appropriate application before the Gram Panchayat for purchase of the land in dispute, under Rule 12(4) of the Rules, within a period of one month. In case, such an application is filed, it shall be considered and decided by the Gram Panchayat, within two months. During this period of three months, dispossession of the petitioners shall remain stayed. This order shall not be construed to be an expression of opinion on the rights of the petitioners to purchase the land. October 05, 2010 (RAJIVE BHALLA) nt JUDGE