CIVIL WRIT PETITION NO. 17930 OF 2005 1 PUNJAB AND HARYANA HIGH COURT, CHANDIGARH. *** CIVIL WRIT PETITION NO. 17930 OF 2005 Date of Decision: 3rd October, 2011. Smt. Deep Kaur and another Versus The State of Haryana and others. *** CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH. *** Present: Shri Som Nath Saini, Advocate, for the petitioners. Shri Ajay Kumar Gupta, Addl: A.G.Haryana. Shri Randhir Bawa, Advocate, for respondent No.4. *** Paramjeet Singh, J The instant writ petition has been filed by Deep Kaur and another for issuance of writ of certiorari for quashing the order dated 18.9.1987 (Annexure P-3) passed by Joint Secretary Rehabilitation-cum-Chief Settlement Commissioner - respondent No.2 and the order dated 16.9.2005 (Annexure P-6), passed by Secretary to Government of Haryana - respondent No.1. The brief facts of the present case are that one Arjan Singh son of Nihal Singh, who was a displaced person, was allotted land measuring 33 Kanals 3 Marlas in Village Majri Tehsil Guhla District Kurukshetra (Now in District Kaithal) vide allotment order dated 19.11.1984 (Annexure P-1). The successors in interest of the allottee of the land i.e Sawran Kaur (widow), Sadhu Singh, Rajinder Singh (sons) and Smt. Sunder Kaur (daughter) sold the land in favour of petitioners vide sale deed dated 29.7.1985 (Annexure P-2), for a valuable consideration. The Chief Settlement Commissioner in the year 1987 on a reference made by the Assistant Registrar-cum-Managing Officer, Rehabilitation Department, Haryana initiated proceedings for the cancellation of the evacuee land allotted to the aforesaid allottee. The Chief Settlement Commissioner vide CIVIL WRIT PETITION NO. 17930 OF 2005 2 impugned order dated 18.9.1987 (Annexure P-3) held that Shamlat Land vested in the Gram Panchayat. In view of the judgment of the Hon'ble Supreme Court in Gram Panchayat, Jamalpur Versus Malwinder Singh (AIR 1985 Supreme Court 1394), the allotment of shamlat land to the allottee was held void and the same was cancelled. The State of Haryana made amendment in the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) vide Haryana Amendment Act No. 13 of 1996 which received the assent of Governor of Haryana on 8.4.1996. By way of 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 was excluded from the purview of Section 2(g) of 'the Act'. The validity of amendment in the said 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, the allotment of the land was made in favour of the predecessor of the petitioners prior to 9.7.1985 and the land allotted on or before the said date is excluded from the purview of Section 2(g) of the Act. In view of the admitted facts, the present writ petition filed by the petitioners is squarely covered by the decision of a Division Bench of this Court in Gram Panchayat of Village Kum-Kalan's case, referred above. Accordingly, the writ petition is allowed. Consequently the order dated 18.9.1987 (Annexure P-3) and order dated 16.9.2005 (Annexure P-6) passed by respondent No.2 and respondent No.1 respectively are hereby quashed. (Paramjeet Singh) Judge October 03, 2011 Malik (Satish Kumar Mittal) Judge