JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioners seek a writ in the nature of certiorari for declaring the notification No. Leg. 26/2022 dated 23.8.2022 issued vide Haryana Act No. 26 of 2022 under the Haryana Dholidar, Butimar, Bhondedar and Muqararidar (Vesting of Proprietary Rights) Amendment Act, 2018, to be null, void and ultra vires the Constitution of India, as the said amendment has been affected retrospectively. Furthermore, the petitioners also sought the quashing of the letter dated 10.10.2022 issued by respondent No. 2, wherebys all the rights vested in the Dholidars have been declared illegal/ab initio.

2. It is averred in the instant petition that one Jamna Dutt and one Madan Gopal sons of Padam Nath were in possession of land measuring 82 kanals comprised in khewat No. 692, khata No. 895, khasra No. 141 min (82-0) situated in village Didwara, Tehsil Safidon, District Jind, since time immemorial, thus being recorded as Dholidars. It is further averred thereins that by virtue of Section 3 of the Haryana Act No. 1 of 2011 (for short 'the Act of 2011'), nomenclatured as Haryana Dholidar, Butimar, Bhondedar and Muqararidar (Vesting of Proprietary Rights) Act, 2010, the Dholidars, Butimars, Bhondedar and Muqararidars, who were in possession of the lands on the appointed day, were given the proprietary rights of the said lands. Subsequently upon the demise of Madan Lal, his sons Satpal, Dinesh, Vinod, Rakesh and daughter Kamla came in possession of % share of the land meausring 82 kanals. Mutation No. 2668 dated 22.12.2014 became sanctioned with regard to the above land in favour of Jamna Dutt and Satpal etc. (LRs of Madan Gopal). It is further averred that petitioner No. 1 purchased land measuring 20 kanals from Rakesh son of Madan Gopal and Kamla daughter of Madan Gopal vide registered sale deed No. 225 of 5.5.2017 for a sale consideration of Rs. 42,50,000/-, besides mutation No. 2924 was also sanctioned in favour of petitioner No. 1 on 22.5.2017. It is also averred in the instant petition that petitioner No. 1 also purchased land measuring 4 kanals from Vinod son of Madan Gopal vide registered sale deed No. 3301 dated 2.2.2018, and, mutation in the said regard was also sanctioned in his favour. Resultantly, petitioner No. 1 became owner in possession of land measuring 24 kanals i.e. 12/41 share of 82 kanals land. It is further averred that Jamna Dutt had transferred his share in 82 kanals of land in favour of his sons Harish Kumar, Mahesh Kumar and in favour of his grandson Kapil Sharma respectively vide sale deed No. 6 dated 3.4.2015 and sale deed No. 898 dated 16.6.2015, and, mutation No. 2711 was entered in their favour on 30.6.2015. Subsequently, petitioner No. 2 purchased land measuring 8 kanals from above Harish Kumar, Mahesh Kumar and Kapil Sharma vide registered sale deed No. 111 of 10.4.2018, and, mutation in the said regard became entered in his favour.

3. It is further averred in the instant petition that respondent No. 1 through the Collector concerned, wrote a letter bearing No. 3013/Panchayat-LA/29.5.2020, wherebys the Block Development and Panchayat Officer was directed to cancel the ownership of the petitioners over 32 kanals of land. The petitioners preferred a civil suit bearing Civil Suit No. CS/271/2020 dated 15.6.2020, whereins stay was granted by the Civil Court concerned. Subsequently, vide gazetted notification No. LEG. 26/2022 dated 23.8.2022 the State Government passed the Haryana Dholidar, Butimar, Bhondedar and Muqararidar (Vesting of Proprietary Rights) Amendment Act, 2018, wherebys the Act of 2010 became amended retrospectively thus stipulating that it would not apply to the land owned or deemed to have been downed by any Government Department, Board or Corporation.

4. It is also averred in the instant petition, that though by virtue of the Act of 2010, the petitioners had become absolute owners in possession of the lands mentioned in the writ petition (supr