IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CWP No.9769 of 2008 Date of Decision: 05.09.2011 Ran Singh and others …Petitioners Versus The State of Haryana and others …Respondents CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE VIJENDER SINGH MALIK Present: Mr. Inderjit Sharma, Advocate, for the petitioners. Mr. Saurabh Mohunta, DAG, Haryana, for respondent Nos.1, 2 & 5. Mr. Pratap Singh, Advocate, for respondent No.3. Mr. Ram Pal Verma, Advocate, for respondent No.4. HEMANT GUPTA, J. (ORAL) The petitioners are working as potters in Village Shahpur Taga, Tehsil Ganaur, District Sonepat. On 23.04.1993, the Gram Panchayat passed a resolution giving land measuring 39 kanals 14 marlas for the purposes of excavating earth for the purposes of pottery. Subsequently, another resolution was passed by the Gram Panchayat on 21.11.2007 resolving to transfer land measuring 148 Acres 3 Kanals 9 Marlas including the land earlier resolved to be given to the petitioners. Subsequently, on 28.11.2007 a notification was published under Section 4 of the Land Acquisition Act, 1894 intending to acquire the land, which forms part of resolution Annexure P-3. It is the admitted position by the learned counsel for the parties appearing before this Court. CWP No.9769 of 2008 The grievance of the petitioners is that they are the owners of the land by virtue of Resolution Annexure P-3 and, thus, the said land could not be resolved by Gram Panchayat for transfer to Haryana State Agricultural Marketing Board vide resolution dated 21.11.2007 (Annexure P-9). It has come on record that in pursuance of Resolution dated 21.11.2007, the State Government approved the transfer vide order dated 04.02.2008 (Annexure R-3/2). As per the facts available on record, the land i.e. basis of claim of the petitioners, is subject matter of acquisition. The questions; as to whether the Gram Panchayat was competent to resolve to transfer the aforesaid land in favour of the Haryana State Agricultural Marketing Board or; the petitioners are the owners of the said land are the disputed questions of fact and cannot be examined in the present writ petition. Such questions need to be examined and decided by an appropriate Forum. Consequently, we dispose of the present writ petition with liberty to the petitioners to raise their claim before an appropriate Forum in accordance with law. (HEMANT GUPTA) JUDGE 05.09.2011 (VIJENDER SINGH MALIK) Vimal JUDGE 2