IMPORTANT POINT
The court established that legislative amendments can retroactively affect the authority of custodians over land allotments, reinforcing the principle of legislative supremacy over judicial decisions.

JUDGMENT :

SURESHWAR THAKUR, J.

CM-5626-CWP-2024

1. It is averred in the instant application, that during the pendency of the instant petition, before this Court, the demise of sole petitioner one Dalbir Kaur had occurred on 16.1.2013. The deceased petitioner concerned, is averred in the application, to be succeeded by her legal representatives, as enumerated in paragraph 2 of the application. It is further averred that for the continuation of the instant writ petition, the substitution of the legal heirs of the deceased petitioner, is imperative.

2. Therefore, the prayer made in the application for the substitution of the deceased petitioner, being made by her LRs, is accepted.

3. Accordingly, the application stands allowed. Amended memo of parties is taken on record. Registry is directed to tag the same at the appropriate place.

CWP No. 14117 of 2010

1. In the instant petition, the petitioner seeks the quashing of the order dated 15.4.2010 (AnnexureP-4) passed by the District Development and Panchayat Officer-cum- Assistant Collector Gr-I, Fatehabad, the order dated 25.5.2010 (Annexure P-5) passed by the Collector, Fatehabad, and, the order dated 20.7.2010 (Annexure P-6) passed by the Commissioner, Hissar Division, Hissar.

Factual background

2. The petitioner Dabir Kaur (since deceased) is stated to be the owner in possession of land measuring 152 kanals and 12 marlas, situated in the revenue estate of Hijrawan Kalan, Tehsil and District Fatehabad. Out of the above mentioned lands, 47 kanals 12 marlas of land equivalent to 5 standard acres 9-1/4 units was allotted to one Baij Nath son of Kirpa Ram through an order dated 16.6.1982 passed by the Tehsildar, Managing Officer, Hisar. Similarly vide order dated 16.6.1982 passed by the Tehsildar, Managing Officer, Hisar 5 standard acres and 7 units of land equivalent to 46 kanals 6 marlas was alloted to one Deen Mohd. Son of Maniya. Moreover, 5 standard acres and 7 units of land equivalent to 46 kanal 8 marla was alloted to one Santa Singh @ Banta Singh on 16.6.1982, besides 1 standard acre and 5-3/4 units equivalent to 11 kanals 10 marlas of land was allotted to one Labh Sinjgh son of Wadhava Singh on 16.6.1982. The possession of the above said lands were given to the allottees concerned on 23.6.1982. It is further stated in the petition that the petitioner (since deceased) purchased the above mentioned lands from their respective owners vide four registered sale deeds dated 29.6.1982, 21.2.1984, 29.6.1982 and 21.2.1984. Mutation Nos. 818, 819 and 820 also became sanctioned in favour of the petitioner (since deceased).

3. The Assistant Collector concerned, after having effected the partition of the land measuring 367 kanals 16 marlas entered 11/12 share of the shamlat deh in favour of the custodian, and, the remaining 1/12 share in favour of Gram Panchayat concerned, vide rapat No. 468 dated 8.6.1982, and, on the basis of the said partition, mutation No. 692 was registered and sanctioned on 13.6.1982. The Gram Panchayat concerned, challenged the said rapat, and, mutation No. 692 by filing CWP-5280-1983 before this Court. This Court through an order made on the above petition, on 23.8.1985, allowed the said petition, and, cancelled the rapat (supra), and, mutation (supra). Thereafter, keeping in view the order (supra), the Chief Settlement Commissioner, Haryana, Chandigarh vide order(s) dated 8.10.1987 cancelled all the allotments made in favour of Baij Nath, Santa Singh @ Banta Singh and Din Mohammad alias Dina Nath. The above order(s) had been challenged before this Court by filing of CWP Nos. 2116, 2117 and 7259 of 1988, whereby the order(s) (supra) were stayed by this Court, and, were also ultimately quashed by this Court.

4. The Gram Panchayat concerned, filed a petition under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 seeking thereby the eviction of the petitioner (since deceased) from the petition lands, and, through the order made thereons on 15.4.2010 (Ann