Minor Irrigation Tubewell Corporation , Fatehabad v. Amir Singh & Others

2024:PHHC:052927

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA No.1851 of 1997 Date of Decision : 19.04.2024 Minor Irrigation Tubewell Corporation, Fatehabad ....Appellant

VERSUS

Hamir Singh and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Pritam Singh Saini, Advocate for the appellant. ALKA SARIN, J. (Oral) 1.

Learned counsel for the defendant-appellant would contend that the suit was filed for declaration to the effect that the plaintiff-respondents were in possession of the suit land and that the defendant-appellant herein had forcibly and illegally installed a tube-well in Rect. No.238, Khasra No.22 (0-10) without the consent of the plaintiff-respondents and proforma defendants and without acquisition and without payment of compensation. The suit was decreed by the Trial Court vide judgment and decree dated 06.09.1993. An appeal was preferred by the defendant-appellant herein which was also dismissed vide judgment and decree dated 18.03.1997 passed by the First Appellate Court. Learned counsel for the defendantappellant states that though he has no written instructions in the matter, however, the defendant-appellant Corporation itself had closed down in the year 2002 and nothing survives in the present appeal, which has since been rendered infructuous.

JITENDER KUMAR 2024.04.20 09:50 I attest to the accuracy and integrity of this order/judgment Chandigarh

RSA No.1851 of 1997 -2- 2024:PHHC:052927 2.

Dismissed as having been rendered infructuous with liberty to revive in case anything survives in the matter. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 19.04.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2024.04.20 09:50 I attest to the accuracy and integrity of this order/judgment Chandigarh