Sukhchain Singh v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-9245-2020 Decided on : 06.07.2020 Sukhchain Singh . . . Petitioner(s)

Versus

State of Haryana and others . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. R.S. Mamli, Advocate, for the petitioner(s). Mr. Pawan Longia, AAG, Haryana.

**** MANJARI NEHRU KAUL , J. (Oral) Due to the outbreak of pandemic COVID-19, the instant case is being taken up for hearing through video conferencing. In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for quashing of order dated 22nd June, 2020 (Annexure P-9), passed by respondent No.1 and also to quash the order of partition proceedings, which have been held ex-parte without hearing the petitioner. At the very outset, learned State counsel has vehemently opposed the instant petition on the question of maintainability. He has submitted that in case the petitioner is aggrieved of the impugned order (Annexure P-9), he has other alternative remedies available to him.

Learned counsel for the petitioner has not been able to satisfy this Court qua the maintainability of the instant writ petition. Admittedly, the matter involves disputed question of facts, which are required to be proved by the petitioner by way of leading evidence and therefore, writ petition is not the appropriate remedy. Needless to say, the petitioner would be at liberty to pursue his legal remedies, if any. Dismissed.

(MANJARI NEHRU KAUL) JUDGE July 06, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.07.14 17:21 I attest to the accuracy and authenticity of this document Chandigarh