Nafe Singh vs The State of Haryana and Others

Jasbir Singh, J.—Despite three opportunities given, including one last opportunity, reply has not been filed by respondent No. 3. None came present on behalf of respondent No. 3 to assist this Court at the time of arguments. By filing this writ petition, the petitioner has laid challenge to an order dated 30.10.2012 (Annexure P4). Admittedly, the petitioner is in possession of land measuring 3 marlas owned by the Gram Panchayat wherein he has raised some construction to tether his cattle etc. To say so, photographs (Annexure P5) have been placed on record. Otherwise also, construction raised by the petitioner is not in dispute.

The petitioner, earlier also, has approached this Court by filing Civil Writ Petition No. 12776 of 2012 with a prayer that direction be issued to the respondent-Gram Panchayat to allot him the above piece of land in terms of the provisions of Rule 12(4) of the Punjab Village Common Lands (Regulation) Rules, 1964 (As Applicable to State of Haryana). That petition was disposed of on 10.7.2012. Respondents No. 2 & 3 therein were directed to look into claim of the petitioner in terms of the above said provision. The matter was put up before the Gram Panchayat but for want of coram, resolution could not be passed. On account of that, prayer made by the petitioner was rejected vide the impugned order dated 30.10.2012 (Annexure P4).

We feel that the impugned order was passed in contravention to the order passed by this Court. The Deputy Commissioner, Karnal was duty bound to call meeting of the Gram Panchayat and also to ensure that all the members do participate therein to discuss prayer made by the petitioner. Otherwise also, the piece of land involved is very small. The petitioner has raised construction and if it is allotted to him against price, that may not cause harm to the Gram Panchayat. Whereas to the contrary, if that construction is ordered to be demolished, the petitioner will be at loss. Under the circumstances, we allow this writ petition. The order under challenge is set aside. The Deputy Commissioner, Karnal is directed to look into the matter of allotment of a small piece of land to the petitioner against price. The meeting of the Gram Panchayat be convened and the matter be put up before it. We direct that the matter be considered sympathetically. Needful shall be done within two months from the date of receipt of a certified copy of this order.