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High Court of Punjab and HaryanaCWP/8575/1995disposed of

Dharmal And ORS v. State Of Haryana And ORS

2018-05-02Mr. Justice P.B. Bajanthri,Dr. Justice S. Muralidhar2 pages

C.W.P. No.8575 of 1995 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. C.W.P. No.8575 of 1995 (O&M) DATE OF DECISION : 2.5.2018 Dharmal and others PETITIONERS

VERSUS

State of Haryana and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER HON'BLE MR.JUSTICE RAJBIR SEHRAWAT Present:- Shri Kulvir Narwal, Advocate for the petitioners. Shri D.Khanna, Additional A.G. Haryana.

MAHESH GROVER, J.

The petitioners have impugned the orders dated 27.12.1993 and 26.9.1994.

Both the courts below had concluded that the land belongs to the Gram Panchayat and the petitioners had been unable to show any material to establish possession since their fore-fathers. It is argued before us that a question of title had been raised by the petitioners which was not considered by the Commissioner who vide order dated 26.9.1994 had rejected this plea as it was never raised before the Assistant Collector and went on to record that the kind of land i.e. shamlat panna jattan would vest in the Gram Panchayat by virtue of an Ghanshyam Dass 2018.07.06 13:36 I attest to the accuracy and authenticity of this document high court chandigarh

C.W.P. No.8575 of 1995 -2amendment made in February, 1992. Before us, the petitioners plead partition of the land out of which 11 kanals 13 marlas had been given to them and contend that there is no counter denial to it by the Gram Panchayat and the State. We notice that such a plea has been raised for the first time in writ proceedings which is impermissible. In view of the fact that no infirmity has been shown in the impugned orders, we decline interference, but since the petitioners raise a question of title and partition, we would still grant them liberty to take recourse to their remedies in law to establish such a plea.

Dismissed.

( MAHESH GROVER ) JUDGE ( RAJBIR SEHRAWAT ) May 2, 2018 JUDGE GD Whether speaking/reasoned Yes Whether reportable Yes/No Ghanshyam Dass 2018.07.06 13:36 I attest to the accuracy and authenticity of this document high court chandigarh