- (1.) The petitioners pray for issuance of a writ in the nature of certiorari for quashing order dated 11.02.2010, passed by the Financial Commissioner and Principal Secretary to Government of Haryana, Department of Rural Development and Panchayats, under Section 5B (2) of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana) (for short the 'Act'), cancelling the approval accorded by the Deputy Commissioner, Sirsa, for exchange of land.
(2.) The Gram Panchayat village Khaja Khera, forwarded a proposal to exchange 5 acres and 2 marlas of its land with 6 acres and 1 marla belonging to the petitioners, for allotment to homeless of the village. The exchange was approved by the Deputy Commissioner, Sirsa. A mutation of exchange was sanctioned and physical possession of the land was exchanged. As certain complaints were received by the Government, the complaints were forwarded to the Divisional Commissioner, Hisar Division, for an enquiry. A fact finding enquiry was conducted by the Commissioner, Hisar Division and forwarded to the Financial Commissioner.
(3.) After consideration of the report, the Financial Commissioner, issued notices dated 07.01.2010 to the Gram Panchayat and the petitioners, calling upon them to show cause why the exchange should not be cancelled. The petitioners and the Gram Panchayat filed their respective replies, justifying the exchange. After considering the enquiry report, the replies filed by the petitioners and the Gram Panchayat, the Financial Commissioner, cancelled the exchange vide order dated 11.02.2010.;