Ajai Lamba, J. - (1.) Civil Misc. No.621 of 2011 Application is allowed. Replication is taken on record. CWP No.14804 of 2010 This petition has been filed under article 226/227 of the Constitution of India praying for the issuance of a writ in the nature of certiorari for quashing the order dated 20.05.2010 (Annexure P-7). Further prayer has been made in the writ petition for issuance of a writ in the nature of mandamus directing the respondents to allot the land in terms of Rule 6A of the Punjab Village Common Lands (Regulation), Haryana Amendment Rules, 2008 and change revenue entries accordingly.
(2.) The petitioner claims himself to be in possession of land defined in Para 3 of the writ petition since 1963, having taken possession Civil Writ Petition No.14804 of 2010 (O&M) of the land under Resolution dated 1.9.1963 (Annexure P-1). Reference needs to be made to the contents of Annexure P-1 to adjudicate the issue. Annexure P-1 is copy of Resolution passed by Gram Panchayat, Badoli, Block Faridabad, District Gurgaon, showing that the land has been given to the petitioner under Section 8(3) of the Common Land Act so as to avoid illegal and unauthorized possession of land with the stipulation that petitioner would not be charged rent for a period of 10 years and thereafter, would be liable to pay INR 100/- per year.
(3.) It appears that after filing of application dated 29.12.2008 (Annexure P-5) by the petitioner for allotment of land to him, no decision was taken by the respondent authorities. The petitioner filed Civil Writ Petition No.16927 of 2009 which was disposed of vide order dated 16.12.2009 (Annexure P-6). The respondents were directed to take decision on the application of the petitioner within four months of receipt of certified copy of the order. Consequently, order dated 20.5.2010 (Annexure P-7) has been passed, operative part whereof reads as under:- "3. As per your applications dated 25.01.2010 and 01.02.2010, the land in question measuring 33 kanal 1 marla falling in Khasra No.24/7, 8, 13, 14 and 15 was leased out by the Gram Panchayat vide agreement dated 17.09.1963, whereas as per the resolution No.1 dated 14.04.2010 passed by the Gram Panchayat, Mirajpur it reveals that the land in question was being leases out in open auction to different person since 1998-99 and you are not in cultivating possession of this land. The jamabandies for the years 1965-66 to 2005-06 also reveals that the land in question has never remained in your possession of the petitioner. It has also been reported by the Dy. Commissioner, Faridabad that the petitioner had not paid any yearly rent as agreed upon in the alleged agreement rather deposited a lump sum amount of Rs. 3600/- on account of lease money for period of 36 years of 36 years on 19.09.2009 in the saving account of the Gram Panchayat. Neither the agreement nor any other revenue record proves Civil Writ Petition No.14804 of 2010 (O&M) that the land in question has ever remained in your cultivating possessions.;