Civil Writ Petition No. 16390 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 16390 of 2008 Date of Order: 03.08.2010 Rajput Samaj Sabha, Badi Chaupal, Village Thambar (Ambala) (Regd.) Tehsil Barara, District Ambala ....Petitioner Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. J.S.Cooner, Advocate for the petitioner. Mr. D.Khanna, Addl.A.G, Haryana for respondents No.1 to 4 Mr. Deepak Sharma, Advocate for respondent no.5. RAJIVE BHALLA, J (Oral). The petitioner who claims to represent the proprietary body of the village has filed this petition, prays that as land measuring 192 kanals and 7 marlas, described as “Shamilat Deh Hasab Rasad Aarzi Khewat”, which is being used by the proprietors and the petitioner society for charitable purposes, does not vest in the Gram Panchayat, it should be restrained from auctioning the land. Counsel for the Gram Panchayat submits that the land vests in the Gram Panchayat, under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) (as applicable to the State of Haryana). If, the petitioner seeks to assert that the land does not vest in the Gram Panchayat he should approach the Collector, by way of an appropriate petition under Section 13A of the Act. Civil Writ Petition No. 16390 of 2008 -2- I have heard counsel for the parties and perused the pleadings. The petitioner claims that the land in dispute does not vest in the Gram Panchayat. Section 13A of the Act, clearly postulates that such a claim can only be decided by the Collector exercising powers under Section 13A of the Act. Admittedly, the petitioner has not filed any such petition but has approached this Court directly. As a consequence, but without expressing any opinion on the merits of the present controversy, the petitioner is relegated to its alternative remedy of filing a petition under Section 13A of the Act. Disposed of accordingly. August 03, 2010 (RAJIVE BHALLA) nt JUDGE