- (1.) Instant writ petition has been filed by the petitioners under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside order dated Nil (Annexure P/12) passed by the Financial Commissioner, Haryana in ROA No. 3 of 2013-14 whereby appeal preferred by the petitioners under Section 5(b) of the Haryana Dholidar, Butimar, Bhondedar and Muqararidar (Vesting of Proprietary Rights) Act, 2010, as well as, order dated 06.08.2013 (Annexure P/9) passed by Commissioner, Gurgaon Division, Gurgaon whereby order dated 20.04.2012 (Annexure P/7) passed by District Collector, Gurgaon has been set aside and further for issuance of a writ in the nature of mandamus directing the respondents to vest the proprietary rights over the land in dispute.
(2.) Brief facts of the case are that petitioners moved an application under the Haryana Dohlidar, Butimar, Bhondedar, Muqraridar (Vesting of Proprietary Rights) Act, 2010 before the District Collector that petitioners and their ancestors have been continuing as Dohlidars over the land under reference comprised in Khewat No. 1638, Khata No. 1791, Rectangle No. 149, Killa No. 4(8-0), 5 (8-0), 6(8-0), 7 (7-10), 15 (8-0), Kitte 5, total measuring 39 kanals 10 marlas for more than 20 years. The application of the petitioners was got verified as per the revenue record from Naib Tehsildar (Accounts), Gurgaon. Upon receipt of report, the respondent-Gram Panchayat Badshahpur (now Municipal Corporation, Gurgaon) was summoned. On behalf of Municipal Corporation, Sh. Satbir Singh Tanwar appeared and filed reply to the application. After hearing the parties and considering the evidence available on record, the District Collector, Gurgaon vide order dated 20.04.2012 (Annexure P/7)has observed as under:- "After hearing both the sides and going through the revenue records available on file, the verification report submitted by Naib Tehsildar (Accounts), Gurgaon and report received from Land Acquisition Officer, Urban Estate, Gurgaon, I order for vesting all rights, title and interest in the land under reference, comprised in Khewat No. 1638, Khata No. 1791, Rectangle No. 149, Killa No. 4(8-0), 5 (8-0), 6(8-0), 7 (7-10), 15 (8-0), Kitte 5, total measuring 39 kanals 10 marlas, in favour of the applicants-Dohlidars as per the provision of Section 3(A) of Haryana Dohlidar, Butimar, Bhondedar etc. (Vesting of Proprietary Rights) Act, 2010 and order of ceasing all rights, title and interest of the land owners/respondents under Section 3(B). The applicants are further directed to deposit the amount of compensation at the rate of Rs.500/- per acre with the office of District Treasury Officer, Gurgaon within two months from today as per Section 4 of the above said Act, as per rules. Now, the file be put up on 04.05.2012 for producing/submitted challan of the compensation amount."
(3.) Against the order (Annexure P/7), the respondent-Municipal Corporation, Gurgaon preferred an appeal before the Commissioner, Gurgaon Division, Gurgaon, which has been allowed vide order dated 06.08.2013 (Annexure P/9) and the matter has been remanded back for fresh decision. The operative part of the order (Annexure P/9) reads as under:- "After hearing the learned counsels for both the sides and perusing the case file of the lower Court, it has been observed that respondents Suresh Chand etc. had submitted an application under Haryana Dohlidar, Butimar, Bhondedar, Muqraridar (Vesting of Proprietary Rights) Act, 2010 for becoming owners of the land in dispute comprised in Khewat No. 1638, Khata No. 1791, Rectangle No. 149, Killa No. 4 (8-0), 5 (8-0), 6 (8-0), 7(7-10), 15(8-0), Kitte 5 total measuring 39 Kanals 10 Marlas, before the District Collector, Gurgaon. The District Collector, Gurgaon has conferred ownership of the land in dispute, upon the respondents vide his order dated 04.05.2012. The counsel for the appellant has submitted in his arguments before me that the respondents do not perform any function of Dohlidari. The land in question is lying vacant on the spot and same is valuable land. The appellant Municipal Corporation is the owner of the disputed land. Gram Panchayat, Badshahpur was the owner of the disputed land prior to Municipal Corporation and there is no provision recorded in the Shart Wazib Ul Arz of Village Badshahpur for conferring ownership. The District Collector has passed his order without providing full opportunity of hearing and adducing evidence to the appellant Municipal Corporation. The District Collector was required to pass his order after granting full opportunity of hearing and adducing evidence to the appellant Municipal Corporation and he has erred in not observing the same. Therefore, the order of the District Collector is defective. Thus, I set aside the order impugned in appeal holding it defective and remand back the matter to him with this direction that he should decide and pass a speaking order after reconsidering the merits and demerits of this case after carefully examining the revenue record and after affording sufficient opportunity of hearing and evidence to the appellant Municipal Corporation while keeping in view the provisions of Haryana Dohlidar, Butimar, Bhondedar, Muqraridar (Vesting of Proprietary Rights) Act, 2010.";