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2006 Supreme(P&H) 3129

ASHUTOSH MOHUNTA, NIRMAL YADAV
Daya Nand – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioners:Mr. H.N.Mehtani, Advocate.

JUDGMENT

Ashutosh Mohunta, J.- The petitioners have prayed that a writ in the nature of Certiorari be issued quashing the order dated 13.4.2006 (Annexure P-7) passed by the Deputy Commissioner, Hissar, and the order dated 17.7.2006 (Annexure P-8) passed by the Commissioner, Hissar Division, Hissar, and also for the issuance of a writ in the nature of Mandamus directing respondent Nos. 2,5,6 and 8 to sell the land measuring 164 sq. yards which is part of killa No. 184/1 of the shamlat land situated at village Gorchhi, District Hissar, as per policy/instructions of the Haryana Government dated 16.10.2000.

2. The case of the petitioners is that they are in unauthorized occupation of the Panchayat land measuring 164 sq. yards falling in Khasra No. 184/1 and their case for the purchase of the said land is covered by the policy decision taken by the State of Haryana vide order dated 16.10.2000 (Annexure P-3) as well as Rule 8.3 of the Punjab Village Common Lands (Regulation) Rules 1964 (for short ‘the Rules). It is further the case of the petitioners that the Gram Panchayat, Gorchhi, had twice passed resolutions whereby it recommended for selling the land in question to the petitioners.





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