Bir Singh and Others Vs State of Haryana and Others

“i) Issue a writ in the Nature of Mandamus for directing the respondents to consider the claim of the petitioners submitted by the petitioners vide applications dated 08.07.2026 (Annexure P-6 to P-25) for the purchase of the land in question upon which the petitioners have built small residential houses in view of amendment in The Haryana Village Common Lands (Regulation) Act 1961 dated 12.12.2024 (Annexure P-26) and the Standard Operating Procedure (SOP) for regularization of unauthorized constructed houses on Shamlat land dated 07.04.2025 (Annexure P-27) and till the decision of the claim submitted by the petitioners before the respondents, to not to dispossess the petitioners from

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the residential houses in question as the respondents are hell bent to

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PUNEET SACHDEVA 2026.07.13 09:37 I attest to the accuracy and authenticity of this document Chandigarh

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CWP No.20784 of 2026

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demolish the residential houses of the petitioners.

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ii) Further for issuance of a writ in the nature of Certiorari for setting aside the order dated 04.06.2026 (Annexure P-4) along with the consequential proceedings passed by Ld. Assistant Collector First Grade, Thanesar, District Kurukshetra whereby based upon a resolution dated 11.08.2025 passed by the respondent Gram Panchayat, the petitioners are being dispossessed from the land in question.

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(iii) issue any other appropriate writ, order or direction, as may be

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deemed fit in the facts and circumstances of the present case;

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iv) condition of filing of certified copies of Annexures may be

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exempted;

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v) Condition of service of advance notice upon the respondents

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may kindly be exempted;

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vi) Costs of the writ petition may be awarded in favour of the

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petitioner.

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It is further prayed during the pendency of the present writ petition, dispossession of the petitioners and demolition of their house may kindly be stayed, in the interest of justice.”

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Learned counsel for the petitioners has submitted that the eviction proceedings against the petitioners have attained finality but subsequently the Haryana Government vide notification dated 12.12.2024 has passed the Haryana Village Common Lands (Regulation) Amendment Act, 2024 and has further issued SOP dated 07.04.2025 (Annexure P-27) permitting the unauthorized occupants to purchase the land on which the house is constructed on or before 31.03.2004 subject to certain conditions.

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PUNEET SACHDEVA 2026.07.13 09:37 I attest to the accuracy and authenticity of this document Chandigarh

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Learned counsel for the petitioners has submitted that as per the petitioners, their case is squarely covered by the said notification and SOP and the petitioners have already filed applications dated 08.07.2026 (Annexures P-6 to P-25) along with the supporting documents. It is submitted that the respondent-authorities be directed to consider the said applications in accordance with law and till the time the said applications are decided, the possession of the petitioners be protected.

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Learned counsel appearing for the State has pointed out that as per the SOP, the requirement is also for the Gram Panchayat to pass a resolution and first the said resolution has to be passed and it is only in case the Gram Panchayat gives recommendation in favour of the petitioners that the authorities can take a final decision on the same. It is, however, submitted that in case the recommendation is made, then the decision would be taken as expeditiously as possible.

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Keeping in view the abovesaid facts and circumstances and fair stand taken by the counsel for the petitioners as well as the counsel for respondent Nos.1 to 5, the present writ petition is disposed of with the following observations/directions:-

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i) Respondent No.6-Gram Panchayat would consider the applications (Annexures P-6 to P-25) filed by the petitioners as expeditiously as possible, preferably within a period of six weeks from today.

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(ii) In case respondent No.6-Gram Panchayat passes a resolution in favour of the petitioners, then, the said resolution be forwarded in accordance with the settled procedure and the

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PUNEET SACHDEVA 2026.07.13 09:37 I attest to the accuracy and authenticity of this document Chandigarh

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Director Panchayat is directed to pass a final order on the same within a period of four months from the date of receipt of recommendations, if any.

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iii) It is made clear that in case the Gram Panchayat does not recommend the case of the petitioners, then, no further decision would be required to be taken at the end of Director Panchayat.

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iv) Till the time, the Gram Panchayat does not consider the case of the petitioners, status quo with respect to possession be maintained and in case Gram Panchayat recommends the case in favour of the petitioners, then, status quo order would continue till the time the final decision is taken by the Director Panchayat.

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v) It would, however, be open to the Gram Panchayat to move an application for recalling the present order in case the facts put forth before us are incorrect or in case the Gram Panchayat is aggrieved of the present order.

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vi) It is made clear that the said interim order should not be construed as an expression of opinion on the merits of the case and the authorities would consider the application filed by the petitioners independently, in accordance with law.

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