- (1.) This petition is directed against the notice dated January 21, 1976 (Annexure P-3), issued by the Department of Industries, Haryana.
(2.) The petitioner is a Gram Panchayat owns an area of about 300 acres comprising Khewat No. 234 and Khatauni No. 343. This area is mostly ghair mumkin pahar. This land used to be leased out by the Gram Panchayat every year and lastly it was leased out by the Gram Panchayat every year and lastly it was leased to respondent Nos. 4 and 5 for three years from November 9, 1975 to November 8, 1978 vide resolution No. 39 dated November 8, 1975. It is alleged in the petition that there is no land which belongs to the Government in this village and that according to the sharat wajib-ul-arz of this village relating to the year 1908-09, such land belongs to the village community. It is mentioned in sharat wajib-ul-arz that there is no mine of stone, metal, pathar, coal, golden sand, kankar in this village and that a pahar is situated and that the Government can get stones without payment of any price, if it is required by the Government, and if, in future, any mine is discovered, it will belong to the Government. Inspite of entry in sharat wajib-ul-arz, the respondents have issued impugned notice, Annexure P-3, for auctioning massonary stone in the land in dispute. It is against this notice that the present petition has been filed.
(3.) The respondents have filed return wherein it is stated that the minor mineral massonary of road metal in this village belongs to the Government as per entry in the wajib-ul-arz of this village. It is further mentioned that the State has been granting contracts for the mining of the aforesaid minor minerals since September 19, 1971. Copy of the wajib-ul-arz is also filed with the return as annexure R-1. It is in the following terms :- "There is no nazul land owned by the proprietors. There is no mine of stone, metal, pathar, coal, golden sand, kankar in this village. However, a pahar is situated in the village. If the Government needs stone, the proprietors will not be entitled to price thereof. If, in future, any mine is discovered, it will belong to Government. There is no cantonment situated in this village.";