- (1.) In brief, case of the petitioners, inter alia, is that they are in unauthorised possession of the Gram Panchayat land; Government of Haryana came out with a scheme (Annexure P/1) to sell the panchayat land, which is in possession of the encroachers as per the terms and conditions of the scheme (Annexure P/1); thereafter Gram Panchayat passed a resolution in favour of the petitioners to sell the land and the matter was referred to the higher Authorities; on the reference made by the Gram Panchayat to sell the land in dispute in favour of the petitioners, Director, Panchayats, Haryana has approved the resolution of the Gram Panchayat vide order dated 23.9.1994; despite the order dated 23.9.1994, the Gram Panchayat is not alienating the property in favour of the petitioners moreover, the petition filed under Section 7 of the Punjab Village Common Lands (Regulations) Act against the petitioners was dismissed by the Assistant Collector Ist Grade, Asandh, District Karnal, on 6.11.2007 and the appeal filed against the order of the Assistant Collector dated 6.11.2007 was also dismissed by the Collector, Karnal vide order dated 5.11.2009 after having observed that Director, Panchayats vide order dated 23.9.1994 (Annexure P/2) had directed to sell the land in question in open auction and never approved any sale in favour of the petitioners.
(2.) The grievance of the petitioners is that despite the Gram Panchayat's resolution and the policy of the Government, alienation deed is not being executed in favour of the petitioners, therefore, respondents be directed not to make interference in the possession of the petitioners over the land in dispute.
(3.) Ms. Sharmila Sharma, learned counsel appearing for Gram Panchayat states that Gram Panchayat has no objection if the petition is allowed. However, Mr. Gaurav Dhir, Deputy Advocate General, Haryana has vehemently argued that Annexure P/2 dated 23.9.1994 no where says that land in question shall be alienated in favour of the petitioners, rather careful reading of Annexure P/2 would reveal that Director, Panchayats, has directed to sell the land in open auction. Therefore, unless and until open auction is held and the petitioners come out as the higher bidder, no alienation can be made in favour of the petitioners.;