Jai Prakash And Another v. State Of Haryana And Others

CWP-9610-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9610-2024 Date of Decision: April 29, 2024 Jai Prakash and another ......Petitioners

Versus

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

Present:

Mr.Amandeep Bidhan, Advocate for the petitioners.

........

RAJESH BHARDWAJ, J.(ORAL) Petitioners have approached this Court praying for issuance of direction to the respondents not to interfere with the peaceful possession of the petitioners, in view of Notification Memo No.2336-R-4-2023/11353, dated 22.11.2023, Annexure P-5. It is further prayed to issue direction to the respondents to maintain the status quo qua the impugned land during pendency of the present petition. It is also prayed to set aside the order, dated 20.03.2024, Annexure P-7, vide which directions have been given for recovery of the revenue from the petitioners. Petitioners also pray to direct the respondents to decide the application, dated 30.03.2024, Annexure P-8. Learned counsel for the petitioners submits that petitioners deserve to be granted proprietary rights of the land in dispute, however, till date no relief has been given to them by the respondent/authorities. Notice of motion.

On asking of the Court, Ms.Upasana Dhawan, AAG, Haryana, MEENU 2024.05.01 14:03 I attest to the accuracy and integrity of this document

CWP-9610-2024 -2who is present in Court, accepts notice on behalf of the respondents/State and submits, on instructions, that land in dispute is shamlat land and thus relief prayed for by the petitioners could not be granted in view of the provisions of the Haryana Dholidar, Butimar, Bhondedar and Muqararidar (Vesting of Proprietary Rights) Act, 2010.

After hearing learned counsel for the parties and in view of their submissions, the present petition is disposed of with liberty to the petitioners to file a fresh representation/petition before respondent No.3, i.e. Deputy Commissioner/Collector, Charkhi Dadri, for redressal of their grievances within seven days from today. If any such representation/petition is filed by the petitioners before respondent No.3, then respondent No.3-Deputy Commissioner, Charkhi Dadri, is directed to decide the same in accordance with law expeditiously preferably within two months from the date of its receipt.

April 29, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2024.05.01 14:03 I attest to the accuracy and integrity of this document