HARSH BUNGER J.

Petition herein is, inter alia, seeking a writ in the nature of Certiorari for setting aside the order dated 21.02.2017 (Annexure P-6), passed by the Revenue and Rehabilitation Department, Government of Punjab, whereby land measuring 44 Kanal-5 Marla situated in Village Majra, Tehsil Kharar, District S.A.S. Nagar (Mohali), was allotted in favour of Sh. Jeet Singh (since deceased); as also the Conveyance Deed dated 02.03.2017 (Annexure P-9) executed pursuant thereto in his favour.

1.1 A further prayer has been made for directing the respondent-authorities to consider the claim of the petitioners for allotment of the very same land in their favour under the provisions of the Punjab Allotment of State Government Land Act, 2016.

2. Briefly, the petitioners claim themselves to be in possession of the land measuring 40 Kanal-4 Marla, situated in Village Majra, Tehsil Kharar, District Mohali, comprised in Rectangle No.10, Khasra No.20 (8-0), 21/1 (4-0); Rectangle No.11, Khasra No.24 (8-0), 25 (8-0); and Rectangle No.17, Khasra No.4 (4-4), 5/1 (4-0) and 7/2 (4-0) [hereinafter to be referred as ‘the land in question’].

2.1 It is the case of the petitioners that their predecessor-in-interest, namely Sh. Karam Singh, was granted leasehold rights over the land in question by the Government of Punjab, vide Lease Deed dated 27.10.1971 (Annexure P-1). The said lease was for a period of ten years starting with effect from Crop Sauni 1969 (or Kharif 1969).

2.2 The petitioners claim that they have continued to remain in possession of the land in question through their predecessor-in-interest, namely Sh. Karam Singh, as lessees, and upon expiry of the fixed term lease period, they are in possession of said land as “tenants holding over”.

2.3 It has further been averred that the Government has never terminated the aforesaid lease. In support of their plea regarding possession over the land in question, the petitioners have placed reliance upon the judgment and decree dated 08.12.2015 (Annexure P-5), passed by the learned Additional Civil Judge (Senior Division), Kharar, in Civil Suit No.399 dated 10.12.2022, instituted by one Sh. Som Singh against Sh. Surjit Singh (father of petitioners No.1 and 2 herein) and Sh. Mohinder Singh (petitioner No.3 herein).

2.4 It is alleged that the petitioners have been continuing in peaceful cultivating possession of the land in question; however, to their utter surprise, in the first week of March, 2017, Sh. Jeet Singh (since deceased) came to the spot along with some revenue officials and attempted to dispossess the petitioners by claiming himself to be the owner of the land in question. Consequently, the petitioners submitted a representation dated 21.02.2017 (Annexure P-6) to the learned Deputy Commissioner, S.A.S. Nagar, Mohali, and also lodged a complaint dated 10.03.2017 (Annexure P-7), praying that the land in question be not allotted to anyone, and in case the same had already been transferred, then the ownership thereof be restored in favour of the petitioners.

2.5 It has further been averred that the land in question has been wrongly projected to have been allotted to Sh. Jeet Singh (since deceased) pursuant to the order dated 24.10.2016 (Annexure P-8) passed by this Court in CWP No.22153 of 2016; whereas, vide the said order (Annexure P-8), only a direction had been issued to the competent authorities to examine the grievance raised by Sh. Jeet Singh in his legal notice and to take an appropriate decision thereupon. It is contended that without properly determining the entitlement of Sh. Jeet Singh, the authorities have wrongly alloted the land in his favour and further executed the Conveyance Deed dated 02.03.2017 (Annexure P-9), followed by sanctioning of Mutation No.3641 in the revenue record/Jamabandi for the year 2013-14 (Annexure P-10).

2.6 It is the claim of the petitioners that the State Government enacted the Punjab Allotment of State Government Land Act, 2016 (in short ‘the 20