Dilgulzar Singh v. State Of Haryana And Others

CWP No. 12556 of 2023 -12023:PHHC:120172-DB In the High Court of Punjab and Haryana at Chandigarh (117) CWP No. 12556 of 2023 Date of Decision: 13.9.2023 DilGulzar Singh ......Petitioner

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Rajesh Goyal, Advocate for the petitioner.

Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Saurabh Mago, DAG, Haryana.

**** SURESHWAR THAKUR , J. (ORAL) 1.

The prayer, as made in the writ petition, relates to a correction being made in the revenue records, in respect of the petition lands, which are averred in the writ petition to be owned by the present petitioner. 2.

The above asked for relief cannot be granted in the exercise of writ jurisdiction, as the jurisdiction to make corrections of entries in the revenue records, is squarely vested in the learned Collector concerned, and, this Court would entertain a writ, only at the stage, when a declining order is made by the learned Financial Commissioner concerned. 3.

However, be that as it may, despite Annexure P-7 becoming preferred before the learned Collector concerned, yet it appears that no decision has been made thereon by the learned Collector concerned, who however, has the jurisdiction to make orders for correcting the entries in the revenue records.

4.

The necessity for the petitioner becoming led to institute GURPREET SINGH 2023.09.15 09:27 I attest to the accuracy and authenticity of this order/judgement Chandigarh Annexure P-7 before the learned Collector concerned, thus germinated from

CWP No. 12556 of 2023 -22023:PHHC:120172-DB the fact, that the present petitioner perceives, that some portion of the land of the petitioner, as comprised in Khasra No. 3866 and 3867, despite not being put to acquisition, yet the mutation of ownership in respect thereof, becoming entered in the name of the acquiring authority concerned. If so, the learned Collector concerned, wherebeforewhom, Annexure P-7 is subjudice is directed to, after eliciting the presence of all concerned, ensure, that in case the above khasra numbers are not subjected to lawful acquisition, to thereafter proceed to correct the mutation of ownership, as made in respect thereof, in favour of the acquiring authority concerned, and, to thereafter restore the ownership of the khasra numbers (supra) in favour of the present petitioner.

5.

In consequence, with the above observations, the writ petition is disposed of, but with a direction to the learned Collector concerned to, positively within three months from today, make a lawful speaking decision upon Annexure P-7, but after hearing all concerned. (SURESHWAR THAKUR) JUDGE (KULDEEP TIWARI) JUDGE September 13, 2023 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2023.09.15 09:27 I attest to the accuracy and authenticity of this order/judgement Chandigarh