Sarita And Others v. Divisional Commissioner And Others




THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 01.05.2024 Sarita and others ..... Petitioners

Versus

Divisional Commissioner, Ambala Division, Ambala and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Deepanshu Matya, Advocate for the petitioners.

*** RAJESH BHARDWAJ, J. (ORAL) 1.

Present writ petition has been filed for directing respondent No.1 to decide the revision petition preferred by respondents No.2 to 4 bearing Executive Revision No.68 of 2021-2022 instituted on 21.12.2021 i.e. Annexure P-5 pending before respondent No.1 preferred against order dated 24.03.2021 passed by District Revenue Officer-cum-Collector Ambala i.e. Annexure P-4 vide which the objections filed by respondents No.2 to 4/Judgment Debtors were dismissed expeditiously in a time bound manner in view of grounds mentioned in the petition and in the interest of equity, justice and good conscience. 2.

It has been submitted by learned counsel for the petitioners that the petitioners purchased the suit land measuring 59 kanals 6 marlas and 12 kanals vide two different sale deeds dated 23.12.2009 and 29.08.2010, respectively from its original owners i.e. proforma

-2- 2024:PHHC:059761 respondents. He has further submitted that the original owners/proforma respondents filed a petition qua 31 kanals 16 marlas land for ejectment on account of non payment of rent and the said petition was accepted. He has submitted that thereafter proforma respondents filed the execution application. He submits that respondents No.2 to 4 filed objections in the execution petition, which were dismissed on 24.03.2021 by the concerned District Revenue Officer-cum-Collector, Ambala. He submits that thereafter the judgment debtor preferred the revision petition before the learned Commissioner, Ambala Division against the order dated 24.03.2021, which is pending adjudication before respondent No.1 since 2021. He submits that there is an interim stay also granted in the same. He submits that till date, there is no substantial progress in the revision petition and the same is being prolonged by the respondents. He submits that now the case is fixed for further hearing on 08.05.2024. 3.

Notice of motion to the official respondents at this stage. 4.

On asking of the Court, Ms. Upasna Dhawan, AAG, Haryana appears and accepts notice on behalf of the respondents-State. 5.

Heard.

6.

On hearing learned counsel for the parties and perusing the record, it is apparent that the case was already decided in favour of the petitioners by the Sub Divisional Magistrate, Ambala and the revision petition is pending since 2021, which is fixed for 08.05.2024. 7.

In view of the above position, the present petition is disposed of with a direction to respondent No.1 i.e. Divisional Commissioner, Ambala Division, Ambala to decide the revision petition

-3- 2024:PHHC:059761 pending before him after hearing both the sides expeditiously within a period of two months from the date already fixed i.e. 08.05.2024, in accordance with law.

(RAJESH BHARDWAJ) JUDGE 01.05.2024 rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No