CHUNI LAL, SON OF SHRI CHAND Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is directed against the notification dated 3rd of September, 1970, issued by the Government of Haryana and published in the Haryana Gazette. The notification has been issued by the Department of Industries whereby they have notified that the saltpeter bearing areas in village Chiri will be sold by public auction.

(2.) CHUNI Lal petitioner is a lessee from the Gram Panchayat of Chiri. By this lease he was given a right to extract saltpetre. Initially, the lease was for three years starting from the year 1967. For the first two years, the petitioner extracted the saltpeter without any let or hindrance in the third year, the Government stepped in with the result that the petitioner could not extract the saltpeter. As a consequence of that the petitioner filed a suit against the Gram Panchayat for compensation for the breach of contract. That suit was compromised and as a result thereof the petitioner was granted a lease for one year in lieu of that. This lease is from 30th July, 1970 to 30th July, 1971.

(3.) AFTER hearing the learned counsel for the petitioner and the State, we are of the view that the petitioner's contention is sound. The saltpeter does not vest in the Government. It vests in the Gram Panchayat. The view we have taken of the matter finds support primarily from Section 42 of the Land Revenue Act which is as under: