Dharampal Singh v. State Of Haryana And ORS

CWP-6466-2020 -1105-2nd case

IN THE HIGH COURT OF PUNJAB AND HARYANA

CWP-6466-2020 Date of Decision: September 25, 2023 Dharampal Singh ......Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Pardeep Solath, Advocate for the petitioner.

Ms.Upasana Dhawan, AAG, Haryana.

Mr.Parmod Kumar, Advocate for respondents No.14, 15, 21 to 23, 34.

........

RAJESH BHARDWAJ, J.(ORAL) Petitioner has approached this Court praying for quashing of all the partition proceedings as well as to quash the Mode of Partition, dated 19.12.2018, Annexure P-9, and Partition Certificate, dated 29.05.2019, Annexure P-10, and alleged possession proceedings, dated 02.08.2019, Annexure P-11, as the same are got done secretly, fraudulently and without any notice, as the land given on lease for establishing stone crusher for 20 years has wrongly and illegally partitioned and allotted to respondent No.3. It is further prayed to stay the operation of the impugned partition certificate, dated 29.05.2019, Annexure P-10, or the co-sharers/co-owners be directed to maintain status quo over the land in dispute. Learned counsel for the petitioner prays for withdrawal of the present case with liberty to the petitioner to avail the alternative remedy of filing appeal before the Commissioner. However, he prays that learned MEENU 2023.09.26 15:01 I attest to the accuracy and integrity of this order/judgment

CWP-6466-2020 -2Commissioner be directed to condone the delay in filing the appeal as the case has remained pending before this Court since the year 2020. In view of the prayer made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with liberty to the petitioner to avail the alternative remedy of approaching the authority concerned for the redressal of his grievances. However, the concerned Authority is directed to decide the issue pertaining to delay sympathetically by considering the fact that the matter remained pending in this Court since the year 2020.

September 25, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.09.26 15:01 I attest to the accuracy and integrity of this order/judgment