IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.20309 of 2006 (O&M) DATE OF DECISION :22th February, 2010 Ami Lal ...Petitioner Vs. State of Haryana and others ...Respondents CORAM: HON’BLE MR.JUSTICE RAJIVE BHALLA Present : Mr.Rakesh Gupta, Advocate for the petitioner Mr.Ashok Jindal, Additional Advocate General, Haryana for the respondents no.1 to 4 Mr.N.S.Dandiwal, Advocate for respondent no.5 for Mr.J.K.Goel, Advocate for respondent no.6. -- Rajive Bhalla,J.(Oral) The petitioner prays for issuance of a writ in the nature of certiorari to quash the impugned order dated 21.3.2001 and the warrants of possession. It is also prayed that a writ in the nature of mandamus be issued to direct Deputy Commissioner, Kaithal and Assistant Collector, Ist Grade, Guhla, District Kaithal to consider the request of the petitioner for sale of the land in dispute to the petitioner. After considering the matter in its entirety, the following order was passed on 22nd July, 2009:- “Learned counsel for the State has submitted memo No.448 dated 18.02.2009 from the Block Development and Panchayat Officer, Guhla to Advocate General, Haryana. The same is taken on record. The said memo contains the report in compliance to the order dated 30.01.2009 passed by this Court. In the order dated 30.01.2009 passed by this Court, counsel appearing for the petitioner had submitted that only petitioner had been singled out for the purpose of eviction. Otherwise, the house of the petitioner was outside the school boundary. Besides, there were other houses also Civil Writ Petition No.20309 of 2006 -2- and no eviction had been ordered against them. This fact was asked to be verified by the State counsel. According to the report submitted by the State Counsel, the petitioner had raised construction on khasra No.94 measuring 3 marlas. He had built a house by raising boundary walls. The said khasra No. is recorded as ‘gair mumkin school’ in the revenue record. According to the demarcation carried out, three persons namely Nachhater Singh, Gian Singh and Jai Pal Singh sons of Sh.Lachhman Singh had built houses on Khasra No.94 measuring 3 marlas. In addition to this the wheat crop on 1 kanal 2 marlas of land had been found to have been sown by Baba Prempuri. The remaining land measuring 6 kanals 1 marla of the said khasra number had been occupied by the school by constructing the school rooms and raising boundary wall. Therefore, the construction, according to the report, is outside the boundary wall of the school. Vide order dated 15.02.2008 while adjourning the case, the Gram Panchayat (respondent no.5) was asked to identify some other plot of land which could be offered to the petitioner in lieu of the plot in question. The said direction was being given since the plot in question falls in the land allotted to the village school. Learned counsel for the petitioner does not dispute that the house of the petitioner is constructed in land measuring 3 marlas comprised in khasra No.94 which is recorded as ‘gair mumkin school’ in the revenue record. However, it is submitted that the case of the petitioner is liable to be considered in terms of Rule 8 of the Village Common Land Rules (as applicable in Haryana). The Panchayat has already passed the resolution on 5.4.2006 (Annexure P5) which was sent to the Block Development and Panchayat Officer, Guhla. Let the Deputy Commissioner, Kaithal (respondent No.3) consider the resolution (Annexure P5) of the Panchayat. List for hearing on 7.12.2009. Copy of the `order be given to the State counsel under the signatures of the Court Secretary of this Bench for necessary compliance.” I have heard counsel for the parties. Despite the categoric direction issued to the Deputy Commissioner, it appears that he has not passed any order. The Deputy Commissioner is bound, in view of the order passed by this Court to consider the provisions of Rule 12(4) of the Punjab Village Common Lands (Regulation) Rules (1964) and to pass an order in accordance with law after considering the resolution Civil Writ Petition No.20309 of 2006 -3- Annexure P-5, within a period of three months from the date of the receipt of a certified copy of this order. The present petition stands disposed of accordingly. In the meantime, the petitioner shall not be dispossessed. A Copy of this order be handed over to Mr.Ashok Jindal, Additional Advocate General, Haryana. (RAJIVE BHALLA) February 22, 2010 JUDGE p.singh