Kulwant Singh v. District Magistrate Cum Deputy Commissioner And Others

2024:PHHC:045690 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7672 of 2024 Date of Decision: 04.04.2024 Kulwant Singh ..... Petitioner

Versus

District Magistrate-cum-Deputy Commissioner, Sri Muktsar Sahib and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Sherry K. Singla, Advocate for the petitioner.

*** RAJESH BHARDWAJ, J. (ORAL) Present writ petition has been filed for directing respondents No.1 to 4 to execute the warrant of possession in pursuance to the final instrument of partition i.e. Sanad Takseem dated 03.01.2022 (Annexure P-1) issued by respondent No.3 i.e. A.C. Ist Grade under Section 121 of Punjab Land Revenue Act in respect of partition applications bearing case No.243/P to 248/P as per the provisions contained in Section 122 of Punjab Land Revenue Act and further to deliver the actual physical possession of the suit land allotted to the petitioner in the partition proceedings which has attained finality vide Sanad Takseem dated 03.01.2022 (Annexure P-1) in a time bound manner as expeditiously as possible.

It has been submitted by learned counsel for the petitioner that the partition proceedings have already been concluded and the Sanad RITTU 2024.04.04 18:10 I attest to the accuracy and integrity of this document

CWP No.7672 of 2024 -2- 2024:PHHC:045690 Takseem has also been issued on 03.01.2022, however the possession has not been delivered to the petitioner. Hence, he submits that warrants of possession is not being executed.

Notice of motion to the official respondents at this stage. On asking of the Court, Mr. Navneet Singh, Sr. DAG, Punjab appears and accepts notice on behalf of the respondents-State. He, on instructions from Paramjeet Brar, Tehsildar, Talwandi Sabo has submitted that though earlier there was a stay by the learned Financial Commissioner, however the matter is now decided on 21.02.2023. He submits that warrants of possession would be executed within two months from 15.04.2024.

In view of the above position, the present petition stands disposed of as infructuous. Petitioners are given two months time from 21.02.2023 to execute the warrants of possession if there is no legal impediment in the present case.

(RAJESH BHARDWAJ) JUDGE 04.04.2024 rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITTU 2024.04.04 18:10 I attest to the accuracy and integrity of this document