Akhil Bhartiya Baba Mohan Ram Sant Samagam Trust Vs State of Haryana and Ors.

The petitioner prays for issuance of a writ of certiorari, quashing policy dated 01.02.2008, resolution dated 18.08.2011 and also a writ of mandamus to restrain the Gram Panchayat, respondent No.4, from carving out 100 square yards residential plots for allotment to members of the Scheduled Castes, in accordance with the aforesaid policy.

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Counsel for the petitioner fairly concedes that legality of the above policy has been upheld by a learned Single Bench of this Court, and duly affirmed by dismissal of a Letters Patent Appeal, but prays that as the resolution passed by the Gram Panchayat, the subsequent approval granted by the Deputy Commissioner, Kurukshetra, and the gift deeds are illegal and void, the resolution and the gift deeds may be set aside.

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CWP No.3680 of 2013 -2-

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We have heard counsel for the petitioner, perused the paper book and as the action of the Gram Panchayat in executing gift deeds etc. is appealable, relegate the petitioner to its remedy of filing an appeal under Section 6 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana). In case, such an appeal is filed, it shall be considered and decided within three months from its filing.

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Disposed of accordingly.

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[ RAJIVE BHALLA ] JUDGE

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20.02.2013 [ REKHA MITTAL ] shamsher JUDGE

Akhil Bhartiya Baba Mohan Ram Sant Samagam Trust v. State of Haryana and Ors.

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Akhil Bhartiya Baba Mohan Ram Sant Samagam Trust v. State of Haryana and Ors.

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