Jasbir Singh, J. - (1.) THIS order will dispose of two writ petitions viz. Civil Writ Petition No. 25455 of 2012 titled as "M/s. G.S. Atwal Company Pvt. Ltd. v. State of Haryana and Others" and Civil Writ Petition No. 25430 of 2012 titled as "M/s. H.S.R. Builders Private Limited v. State of Haryana and Others". To dictate order, the facts are being taken from Civil Writ Petition No. 25455 of 2012. It is stated that the petitioner had purchased land from the right -holders who acquired it on the basis of an order, passed by the Director Consolidation, Haryana on 29.11.2006 (Annexure P2). The sale deeds were executed in favour of the petitioner by the right -holders after passing of that order. The Gram Panchayat of village Kheri Khankar moved an application to set aside those sale deeds. That matter was kept pending because the order, so passed by the Director Consolidation, Haryana, was put under challenge before this Court in Gram Panchayat of village Kheri Kankar v. State of Haryana and Others (Civil Writ Petition No. 15750 of 2007, decided on 18.9.2012). The petitioner was party to that writ petition and it was disposed of by passing the following order: - - Affidavit of Dr. Ashok Khemka, Director General, Consolidation of Holdings, Haryana, filed in Court today is taken on record. Dr. Khemka has tendered an unqualified apology and states that he has made a bona fide mistake as he was not aware of interim order dated 22.8.2012, passed by this Court and judgments of the Hon'ble Supreme Court. In view of apology, we do not take the matter any further and discharge the notice regarding contempt. Counsel for the parties agree that order passed by Director Consolidation, Haryana, holding that the land does not belong to the Gram Panchayat and, as a consequence, transferring the land, in dispute, to proprietors, is without jurisdiction and may be set aside. It is, however, prayed that as the land has been acquired and question of apportionment is pending adjudication under Section 30 of the Land Acquisition Act, the petitioners may be granted liberty to establish their title before the District Judge, Gurgaon. In view of the consensus between counsel for the parties, the writ petition is allowed, order dated 29.11.2006 (Annexure P -2) passed by Director Consolidation, Haryana, is set aside and as the land has been acquired and matter regarding apportionment is pending before the District Judge, Gurgaon, the petitioners are granted liberty to seek adjudication of the question of title, with respect to land, in dispute, before the District Judge, Gurgaon. Order passed by the Director Consolidation, Haryana, on 29.11.2006 (Annexure P2) was set aside as per consent given by the parties to that writ petition. It was further specifically agreed between the parties that the order passed by the Director Consolidation, Haryana, holding that the land does not belong to the Gram Panchayat and as a consequence, transferring the land, in dispute, to the proprietors, was without jurisdiction. Taking note of a fact that in the meantime, the land was acquired by the State of Haryana, so far as apportionment is concerned, liberty was granted to the contesting parties to seek adjudication regarding question of title and compensation before the competent Court.
(2.) IT is not in dispute that the petitioner along with those from whom the land was purchased have already submitted an application to claim apportionment of the compensation and to settle question of title of the land in dispute. The said application is still pending. After passing of the order on 18.9.2012, the Gram Panchayat moved an application to get its application revived vide which challenge had been laid to the execution of the sale deeds in favour of the petitioner. The Registrar, Mewat, vide order dated 5.11.2012, after hearing the petitioner, set aside the sale deed executed in its favour by the right -holders. Hence, this writ petition.
(3.) IN the order under challenge, various reasons have been given to set aside the sale deed. Otherwise also, we are of the opinion that once it was agreed between the parties that the order passed by the Director Consolidation, Haryana ordering transfer of land in favour of the right -holders is set aside, then all the consequential proceedings including the sale deed becomes redundant. However, we make it clear that in view of the stand taken by the parties in the order dated 18.9.2012, the observations made by the Collector when setting aside the sale deeds, vide order dated 5.11.2012 will not stand in the way of the petitioner to claim compensation and the question of title of the land in dispute, which is pending before the competent Court at Gurgaon, as per order dated 18.9.2012. With the observations made above, this writ petition stands disposed of.;