Disposed

Hari Chand v. State of Punjab & Ors.

Punjab & Haryana HC28 Jan 2011CWP/6441/2007

Case brief

AI extract

What is this about?

This PIL sought quashing of sale deeds of Nazool land under a non-alienable condition. The Court held that since authorities have taken cognizance, the petition is disposed of with a direction to the Deputy Commissioner to monitor and take appropriate action.

What did the court decide?

Direction to Deputy Commissioner, Ferozepur to look into and monitor the matter in accordance with law.

Hari Chand Vs State of Punjab… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2011)

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Civil Writ Petition No.6441 of 2007

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.6441 of 2007 Date of decision: 28.1.2011

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Comrade Hari Chand

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...Petitioner

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Versus

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State of Punjab and others

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...Respondents

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CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE AJAY KUMAR MITTAL

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Present: Mr. H.S.Bath, Advocate for the petitioner

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Mr. Jaswinder Singh, Deputy Advocate General, Punjab

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Mr. G.S.Sandhu, Advocate for respondents No.3,10,12,29,30,, 31,32 and 51 to 53.

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Mr. Mandeep S.Bedi, Senior Advocate with Ms. Gauri Bedi, Advocate for respondents No. 40,42,44,45,57, 59 and 62.

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Mr. O.P.Kamboj, Advocate for respondents No. 33, 35,36,38, 39,47, 48, 58,60, 63 to 67 and 70.

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Mr. C.M.Munjal, Advocate for respondents No. 6,17, 21 to 23, 27 and 29.

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ADARSH KUMAR GOEL, J ( Oral)

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This petition has been filed by way of Public Interest Litigation seeking quashing of sale deeds executed by members of cooperative society to whom Nazool Government land was allotted subject to condition that same shall not be alienated contrary to the terms of allotment. According to the petitioner, he brought these

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Civil Writ Petition No.6441 of 2007

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facts to the notice of the concerned authority but the said authority failed to take cognizance at its level.

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Notice was issued and replies have been filed on behalf of the State as well as cooperative society. Stand taken therein is that if transfer takes place in violation of rules, the District Collector is competent to set aside the sale deeds. In the affidavit of Tehsildar, it was initially stated that alienation was permissible but in the later affidavit filed by the Tehsildar it has been stated that FIR dated 14.10.2008 had been lodged against 45 persons and notice of cancellation of allotment has been issued to the members who have sold the land.

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Private respondents, who are allottees and the vendees, have defended their action, inter-alia, on the basis of a decree dated 15.6.2010 granted by the Civil Judge (Senior Division), Ferozepur in suit filed by Harijan Cooperative Farming Society and some individuals holding the condition against in alienability to be illegal. In the status report filed on behalf of the State, it has been stated that the criminal trial is at the stage of charge.

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We have heard learned counsel for the parties.

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Learned counsel for the State states that application for setting aside of civil Court decree dated 15.6.2010 has been filed and according to the State the land allotted in favour of landless persons could not have been alienated.

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Since the concerned authorities have taken cognizance as stated by learned counsel for the State, we are of the view that at

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Civil Writ Petition No.6441 of 2007

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this stage the petition can be disposed of with a direction to the Deputy Commissioner, Ferozepur to look into and monitor the matter in accordance with law and take such appropriate action as may be called for. Any aggrieved party will be at liberty to move the Deputy Commissioner, Ferozepur.

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The petition is disposed of accordingly.

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(Adarsh Kumar Goel) Judge January 28,2011 (Ajay Kumar Mittal) Pka Judge

Hari Chand v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Hari Chand v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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