PARAMJEET SINGH, J. - (1.) The petitioners have impugned order dated 12.02.2014 (Annexure P/5) whereby the prayer of the petitioners for allotment of land on priority basis has been declined.
(2.) Admittedly, the land of the gram panchayat was declared surplus by the Collector, Surplus Area, Sirsa vide order dated 21.02.1961. That order was subsequently set aside by the competent authority. Thereafter, the petitioners approached this Court vide CWP No. 16681 of 2007 and vide order dated 08.01.2013 (Annexure P/1), said writ petition was disposed of and following directions were issued:- "(i) As agreed between the parties, the impugned orders dated 6.6.2007 (Annexure P-5) passed by the Commissioner, Hisar Division and order dated 20.9.2007 (Annexure P-8), passed by the Financial Commissioners, Haryana, are upheld. (ii) The direction is issued to the State authorities to consider the claim of the petitioners for allotment of land in District Sirsa, as and when the sufficient area is free from litigation as pointed out in para 2 of the affidavit dated 20.8.2010, referred to above. It is further directed that the claim of the petitioners shall be considered on priority basis and claim of any other allottee shall not be considered until and unless the claim of the petitioners is considered and allotment made in their favour as per their entitlement, in accordance with law. It is also directed that the State authorities shall make sincere efforts to get the area released from litigation as early as possible as the same is stated to be under litigation as per para 2 of affidavit dated 20.8.2010, aforementioned. (iii) The petitioners shall not be dispossessed from the land underneath their residential houses and appropriate proportionate area around their houses including passage thereto, until and unless their claim is considered for allotment and actual allotment is made in their favour, as per their entitlement, in accordance with law. (iv) The petitioners shall surrender the possession of the agriculture land which they have cultivated and derived income therefrom, despite being not entitled in law for the same, to the respondent-Gram Panchayat on or before 31.5.2013. (v) Prayer made on behalf of the petitioners that they be allowed to continue in possession till their claim for allotment is considered, has been considered and found without any force for the reason that they cultivated the land in question on the basis of non est orders and the apparent illegality cannot be allowed to continue any further, causing irreparable loss to the rightful owner-Gram Panchayat. As per the stand of the respondent Gram Panchayat, petitioners entered in the land forcibly in April, 2007. (vi) It is made clear that if the petitioners do not surrender the possession till 31.5.2013, they will not be entitled for the concession of allotment on priority basis as granted to them, in terms of this order and their claim shall be considered by the State authorities for allotment, as and when their turn comes in due course of time, as per their entitlement, in accordance with law."
(3.) Thereafter, the petitioners preferred review application in the same very writ petition, which was dismissed by this Court vide order dated 17.07.2013 (Annexure P/3). Thereafter, the petitioners approached the Sub Divisional Officer (Civil), exercising the powers of prescribed authority/allotment authority, Sirsa, under the provisions of the Haryana Ceiling on Land Holdings Act. The said application has been dismissed vide order dated 12.02.2014 (Annexure P/5) on the ground that the petitioners have not complied with the orders where-under they were required to vacate the possession upto 31.05.2013. It has been mentioned in the order that in future, if allotment of surplus land is to be made, then the petitioners can move application to the Allotment Authority.;