C.W.P. No. 14812 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 14812 of 2010 DATE OF DECISION: OCTOBER 12, 2011 Bhana Ram and others .....PETITIONERS Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE PARAMJEET SINGH --- Present: Mr. Ashok Singla, Advocate, for the petitioners. Mr. Manohar Lall, Addl.A.G., Punjab, for respondents No.1 to 3 and 5 to 7. Mr. Umesh Kumar Kanwar, Advocate, for respondent No.4. Mr. C.M. Munjal, Advocate, for respondent No.8. .. SATISH KUMAR MITTAL, J. (Oral) The petitioners, who are residents of village Chuwarianwali, Tehsil Fazilka, District Ferozepur, have filed the instant petition under Articles 226/227 of the Constitution of India for issuance of directions to the official respondents to take effective measures to prevent Shree Bhagwan Mahavir Jain Charitable Trust, Fazilka (respondent No.8 herein) from raising any kind of construction on the land in question measuring 201 C.W.P. No. 14812 of 2010 -2- Kanals 6 Marlas (25 acres 1 Kanal 6 Marlas), which according to the petitioners is the land of Gram Panchayat. We have heard the learned counsel for the parties. Undisputedly, at one point of time the land in question measuring 201 Kanals 6 Marlas (25 acres 1 Kanal 6 Marlas) was allotted/gifted to respondent No.8 on the basis of the resolution dated 18.12.2000 passed by the Gram Panchayat, which was approved by the Government vide order dated 15.3.2001. Subsequently, vide order dated 3.5.2010 the said allotment/gift was cancelled by respondent No.1 due to non-establishment of the College by the Trust as per the stipulated condition. Thereafter on an application filed by respondent No.8-Trust, the matter was re-considered and the order of cancellation of allotment/gift was withdrawn and out of 201 Kanals 6 Marlas (25 acres 1 Kanal 6 Marlas) of land, 98 Kanals 7 Marlas of land was kept intact and the allotment of remaining land in favour of respondent No.8 was cancelled by passing the fresh order dated 9.7.2010 (copy Annexure R-8/6). This fact has been disclosed in the written statement filed by respondent No.8. Learned counsel for respondent No.8 states that except the land measuring 98 Kanals 7 Marlas, which has been re-allotted vide order dated 9.7.2010, respondent No.8-Trust has no connection with the other land. In view of the aforesaid facts, learned counsel for the petitioners states that since the petitioners came to know about the confirmation of allotment of 98 Kanals 7 Marlas of land in favour of respondent No.8-Trust vide order dated 9.7.2010, he wants to withdraw this petition with liberty to challenge the said order by filing an appropriate C.W.P. No. 14812 of 2010 -3- petition/application before the competent authority under the provisions of the Punjab Village Common Lands (Regulation) Act, 1961. Learned counsel for the respondents have no objection to the withdrawal of the writ petition with the aforesaid liberty. Dismissed as withdrawn with the aforesaid liberty. (SATISH KUMAR MITTAL) JUDGE October 12, 2011 ( PARAMJEET SINGH ) sd/vkg JUDGE