Ramavtar And ANR v. State Of Haryana And ORS

CWP-5054 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-5054 of 2021 Date of decision 03.03.2021 Ramavtar and anr.

...Petitioners

Vs.

State of Haryana and ors.

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr. Abhimanyu Singh, Advocate for the petitioners.

*** Ritu Bahri, J. (Oral) Petitioners have filed the present petition seeking direction to respondent No. 2 to decide the stay application, which is pending along with main petition No. ROR-605-2015 titled as Nar Singh and others vs. Sharda Sanskrit Pathshala, Village Keru Tehsil Tosham, District Bhiwani, since the same is lying pending in the Court of Financial Commissioner, Bhiwani (Panchayat) which is now fixed for 17.03.2021. Learned counsel for the petitioners submits that respondent No. 2 filed an application under Section 13-A of the Punjab Village Common Land Act, 1961 against the petitioners for adjudicating that Khewat No. 1494/min 1405, Khatauni No. 2047, Khasra No. 662 is a Gair Mumkin School, as per jamabandi 2011-2012, situated at village Kairu Tehsil Tosham, District Bhiwani. Respondent No. 2 further claimed that Gram Panchayat is owner of the above said land. Thereafter, petitioners preferred an appeal against order dated 27.12.2018 and the appeal was dismissed by GAURAV ARORA 2021.03.08 10:09 I attest to the accuracy and integrity of this document Chandigarh

CWP-5054 of 2021 Divisional Commissioner Rohtak on 02.04.2019. Respondent-Gram Panchayat has now filed a petition under Section 7 of the Punjab Village Common Land Act and thereafter, petitioner filed ROR vide No. 605 of 2015-2016 before the Financial Commissioner of Bhiwani Division, which is now fixed for 17.03.2021.

Issue notice of motion On asking of the Court, Mr. Hitesh Pandit, Addl.A.G. Haryana, accepts notice on behalf of respondent-State. Let copy of the petition be sent to learned State counsel by learned counsel for the petitioner by today itself. Without expressing any opinion on the merits of the case, the present petition stands disposed of by giving a direction to respondent No. 2 to pass speaking order in ROR-605-2015 titled as Nar Singh and others vs. Sharda Sanskrit Pathshala, in accordance with law, which is fixed for 17.03.2021.

(RITU BAHRI) JUDGE (ARCHANA PURI) JUDGE 03.03.2021 G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GAURAV ARORA 2021.03.08 10:09 I attest to the accuracy and integrity of this document Chandigarh