- (1.) The petitioners have prayed for issuance of a writ in the nature of certiorari for quashing fard badar No. dated 08.07.2008 (Annexure P-10), ordered by respondent No. 3, by which mutations entered in their names on the basis of decree passed under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) [for short "1961 Act"] have been set aside, contrary to the provisions of Section 45 of the Punjab Land Revenue Act, 1887 [for short "1887 Act"] and Paras 7.29 and 7.30 of Chapter 7 of the Record of Rights of the Punjab Land Record Manual [for short "Manual"].
(2.) In brief, the petitioners have averred that various land owners, including predecessors-in-interest of the petitioners, filed a suit under Section 13-A of the 1961 Act, which was decreed on 29.03.1991, on the basis of which mutation No. 5280 was entered on 19.02.1999, which was declared to be disputed by respondent No. 3 vide his order dated 14.06.2000 and was referred to SDM, Pehowa, who did not accept the mutation because there was a reference of mutation No. 4957. CWP No. 4228 of 2003 was filed assailing order of the SDM, Pehowa dated 31.05.2001, in which respondent No. 2 made a statement that mutation was sanctioned on 18.11.2003. Consequently, mutation Nos. 5273, 5756, 6326, 6503, 6504, 6520, 6550, 6562, 6563, 6610, 6893, 6976 and 7474 were sanctioned and jamabandis were accordingly prepared, but the aforesaid mutations were set aside vide fard badar No. 1 dated 18.07.2008, without issuing any notice or affording an opportunity of hearing to the petitioners, who also moved an application to respondent No. 3 in this regard but to no avail, therefore, the present writ petition.
(3.) After notice of motion, respondent Nos. 1 to 3 filed a joint reply and the petitioners filed replication thereto.;