Bhim Singh And ORS. v. State Of Hy.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

C.W.P.No 12466 of 1998 Date of Decision: February 25, 2015 Bhim Singh and ors.

....Petitioners

Versus

State of Haryana .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr. M.S.Khaira, Sr. Advocate with Mr.R.S.Khaira, Advocate for the petitioners.

Mr.Saurabh Mohunta, DAG, Haryana.

Mr.Adarsh Jain, Advocate for respondent No.5.

Rajan Gupta, J (Oral) Petitioners have impugned orders dated 27.6.1995 passed by the Commissioner and dated 21.11.1997 passed by the Financial Commissioner Annexures P/6 & P/7 respectively. Learned counsel are ad idem that the issue is covered by a Full Bench judgment of this court reported as 2004(3) PLR 569, according to which after coming into force of the Vesting Act, civil court alone would have the jurisdiction to determine the dispute envisaged in Section 77(3)(d) of the Act and jurisdiction of the revenue court would be barred.

Under the circumstances, no adjudication of the matter is necessary. Learned senior counsel for the petitioners submits that he may be allowed to withdraw this petition with liberty to avail alternate remedy if required.

Dismissed as withdrawn with aforesaid liberty if permissible in law.

(Rajan Gupta) Judge February 25, 2015 BB