S.S.SARON, J. - (1.) The petitioners-Suraj Bhan and others seek issuance of an appropriate writ, order or direction, especially in the nature of certiorari for declaring the provisions of the Haryana Municipal (Amendment) Act, 1999 (Act No.17 of 1999) ("Amendment Act 1999" - for short) to be ultra vires and violative of Article 31A of the Constitution of India. The aforesaid Amendment Act 1999, according to the petitioners, infringes their fundamental rights as enshrined in Article 31 (sic.) of the Constitution inasmuch as the same is neither directed towards agrarian reforms simpliciter nor is for the development of rural economy. The Amendment Act 1999 in question is, therefore, liable to be declared ultra vires and it does not affect the proprietary rights of the petitioners in respect of the land to which they lay their claim. Besides, it is claimed that a direction is liable to be issued to the respondents to revert back the ownership of the land which they claim in their favour in terms of the revenue records. The respondents are also liable to be restrained from interfering in the peaceful possession of the petitioners in the land they claim, in any manner.
(2.) In terms of the Amendment Act 1999, clause (22B) to Section 2 of the Haryana Municipal Act, 1973 ('Municipal Act 1973' - for short) defining 'shamlat deh' has been added; besides, in subsection (1) of Section 61 of the Municipal Act 1973 amendments have been made in clauses (g) and (h), which are to the effect that for the sign ".", the sign ";" has been substituted and after clause (g), clause (h) has been added which mentions 'shamlat deh'. The effect of the same is that 'shamlat deh' lands, which were confined to common lands of villages and were for the common use of the inhabitants of the village, came to be included as lands of Municipal Committees as well in a town or an urban area.
(3.) The petitioners - Suraj Bhan and others claim that they are proprietors of the 'Shamlat Panna Nasian Urf 5 Biswa Hasab Rasad Arazi Khewat' situated in Bahadurgarh, Tehsil Jhajjar. They are shown as co-sharers in possession of 'Shamlat Panna Nasian Urf 5 Biswa Hasab Rasad Arazi Khewat', Bahadurgarh in columns No.4 (ownership) and 5 (cultivation) of the Jamabandi (record of rights) for the years 1994-95. A copy of the Jamabandi for the years 1959-60 (Annexure P1) has been placed on record showing Rijak Ram, the predecessor-in-interest of the petitioners No.1 to 6, to be a co-sharer in the 'Shamlat Panna Nasian Urf 5 Biswa, Hasab Rasad Arazi Khewat'. After the demise of Rijak Ram; Suraj Bhan and others (petitioners No.1 to 6) succeeded to the land of his share. The Jamabandis for the years 1994-95 (Annexures P2 and P3) are with reference to the specific 'khasra' (field) numbers. Father of Mange Ram (petitioner No.7) namely Dariao Singh is also shown as a co-sharer in the aforesaid 'Shamlat Panna Nasian' according to the Jamabandi for the year 1959- 60 (Annexure P4). Mange Ram (petitioner No.7) inherited the share left by his father Dariao Singh. It is submitted that besides, having share in the 'shamlat deh', some of the petitioners, namely, Ishwar and Mange (petitioners No.2 and 7) had also purchased proprietary rights of the other co-sharers of the said 'Panna'. The possession of the petitioners is not beyond their entitlement in the total land of 'Panna Nasian'.;