ORAL ORDER
1. Rule returnable forthwith. Learned AGP waives service of notice of rule for the respondents.
2. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing.
3. Learned advocate Mr.A.J.Yagnik appearing for the petitioner has invited the attention of this Court to the order dated 08.09.2016 passed by the Special Secretary, Revenue Department (SSRD), wherein the revision application of the petitioner has been rejected on the ground of pendency of Special Civil Application No.13583 of 2015 and Letters Patent Appeal No.2140 of 2009. He has submitted that in fact the State Authority has promulgated a scheme vide resolution dated 01.04.2015 with regard to regularization of the Gauchar land in the State in view of the judgment and order dated 31.09.2011 of the Supreme Court passed in Civil Appeal No.1132 of 2011 in case of Jagpal Singh & Ors. V/s. State of Punjab
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& Ors. He has submitted that the case of the petitioner will be squarely covered under Clause 2(B), which pertains to the allotment of land to the private educational institutes. He has submitted that the aforesaid policy though in existence, the SSRD has not considered the same and hence, the impugned orders are required to be quashed and set aside.
4. Learned AGP Mr.Dhawan Jayswal has submitted that initially the petitioner had made an application in the year 2014 prior to the issuance of the policy of the State Government, which culminated into the aforesaid application and hence, the aforesaid policy was not considered.
5. I have heard the learned advocates appearing for the respective parties.
6. A perusal of the order dated 08.09.2016 passed by the SSRD in the revision application filed by the petitioner reflects that while rejecting the same, the SSRD was impressed by the judgment and orders passed by this Court in Special Civil Application No.13583 of 2015 and in Letters Patent Appeal No.2140 of 2009. Thus, the policy declared by the State Government vide resolution dated 01.04.2015 pertaining to the regularization of the Guachar land is totally ignored. It is the case of the petitioner that the case is squarely covered by the aforesaid resolution since he is ready and willing to accept the conditions as incorporated in such scheme.
7. Under the circumstances, since the impugned order passed by the respondent authorities suffers from the lacuna of not considering their own policy, the same is required to be set aside. Accordingly, the impugned order dated 08.09.2016 passed by SSRD in Revision Application No.57 of 2014 is hereby quashed and set aside. The
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petitioner is directed to make a fresh application to the Collector in light of the resolution dated 01.04.2015 claiming benefits as arising therefrom. The Collector is directed to decide the same in accordance with law. As and when such application is received the same shall be decided within a period of six months from the date of its receipt.
8. With the aforesaid direction, the present writ petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A. S. SUPEHIA, J)
ABHISHEK
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