Ajai Lamba, J. - (1.) THIS petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari, quashing resolution dated 8.12.2010(Annexure P -1) passed by Gram Panchayat, Hathira, Tehsil Thanesar, District Kurukshetra.
(2.) IT appears that the Petitioner was ordered to be ejected by the authorities under the Punjab Village Common Lands (Regulations)Act, 1961, as applicable to State of Haryana (for short, 'the Act'). Petitioner approached this Court by way of filing titled Dhanna Ram v. State of Haryana and Ors. Civil Writ Petition No. 17850 of 2009. While dealing with the petition, after issuance of notice of motion, the writ petition has been disposed of by passing the following order: After addressing arguments for some time counsel for the Petitioner gives up challenge to the order of ejectment and prays that the Petitioner may be granted liberty to approach the Gram Panchayat for purchase the land in dispute by filing an application under Section 12(4) of the Punjab Village Common Land (Regulation) Rules, 1964 (As application to Haryana). In view of the statement made by the counsel for the Petitioner, the impugned orders are affirmed and the writ petition is disposed of with liberty to the Petitioner to file an application under Section 12(4) of the Punjab Village Common Lands (Regulation) Rules, 1964 before the Gram Panchayat for purchase of the land in dispute, which is the site of his house. In case, such an application is filed within 15 days, it shall be considered and decided within three months. Dispossession of the Petitioner shall remain stayed for a period of three months. Sd/ -(RAJIVE BHALLA)JUDGE September 24, 2010 The Petitioner filed an application before the authorities for purchase of land which has been declined vide impugned order, Annexure P -1. Annexure P -1 notices that the application has been made time barred and also that the Gram Panchayat is not ready to accept the cost of the land, possibly because of the nature of land.
(3.) LEARNED Counsel contends that an application was given however, no receipt was issued . Subsequently, a copy of the application was sent to Block Development & Panchayat Officer, Thanesar and Sarpanch of Gram Panchayat, by post which is appended as Annexure P -6. Application sent by post is dated 3.12.2010.;