Rakesh Kumar Jain, J. - (1.) THE facts of this case, to be narrated and discussed hereinafter, open the pandora box and put a question mark on the act and conduct, efficiency and integrity of the office of Director Consolidation of the State of Haryana exercising powers under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act. 1948 [for short "the Act"]. The petitioners have preferred this petition in public interest seeking a writ in the nature of certiorari for quashing as many as 20 orders (Annexures P -7 to P -26) passed by the Director Consolidation and Consolidation Officer by which valuable prime land of various Gram Panchayats in District Gurgaon (impleaded as respondent Nos. 4 to 10) has been exchanged with the land belonging to various companies and individual persons (impleaded as respondent Nos. 11 to 26) while exercising powers under Section 42 of the Act on the ground that the exchange of Shamilat Deh land of the Gram Panchayat could only be effected in terms of Section 5 -A of the Punjab Village Common Lands (Regulation) Act, 1961 (as application to Haryana) [for short "1961 Act"] and Rule 5 of the Punjab Village Common Lands (Regulation) Rules. 1964 (as applicable to Haryana) [for short "1964 Rules"].
(2.) IN order to demonstrate their grievance, the petitioners have highlighted the case of village Behrampur where a suit under Section 13 -A of the 1961 Act was filed by the proprietors before the Assistant Collector 1st Grade, Gurgaon claiming title of land measuring 7420 kanals 6 marlas. The Assistant Collector 1st Grade, Gurgaon, decreed the suit on 20.06.1988 (Annexure P -1) holding that out of the total land measuring 1586 Bighas 15 Biswas. 917 Bighas 5 Biswas of land does not vest in the Gram Panchayat Behrampur and falls to the share of proprietors and other co -owners. Gram Panchayat, Behrampur challenged the order Annexure P -1 by way of appeal before the Collector which was dismissed on 13.12.1988. Gram Panchayat, Behrampur filed revision petition in the Court of Commissioner, Ambala Division, Ambala. During its pendency, as some of the proprietors had sold the land involved in that case to some builders/property dealers, they were allowed to be impleaded as parties by the Commissioner and an order dated 21.07.1989 was passed which reads as under : - Presented today by Sh. S.D. Chaudhary, Legal Officer, Panchayat, Gurgaon. I have heard him. The operation of the order of A.C. 1st Grade, Gurgaon dated 20.6.88 and of Collector, Gurgaon, dated 13.12.1988 is hereby stayed till further orders. No further action will be taken by the respondents to change its nature in any way till further orders.
(3.) THE revision petition of the Gram Panchayat Behrampur was ultimately allowed by the Commissioner, Gurgaon Division, Gurgaon vide his order dated 23.07.1992 (Annexure P -3) and orders of the Assistant Collector 1st Grade and the Collector were set aside. The subsequent purchasers from the proprietors challenged the order dated 23.07.1992 (Annexure P -3) of the Commissioner by way of : 2011(3) R.C.R. (Civil) 348 : CWP No. 11821 of 1992 wherein petitioner No. 12, namely, Shankar Lal Sharma, sold the land measuring 44 kanals 16 marlas to a company M/s B & B Mercantile Pvt. Ltd. who filed an application under Section 42 of the Act before the Director Consolidation, Haryana (respondent No. 2) and was allowed vide order dated 29.07.2009 (Annexure P -5).;