High Court of Punjab and HaryanaCWP/1158/2015disposed of

Ajit And ORS v. Collector Bhiwani District Bhiwani Haryana And ORS

2015-01-22Ms. Justice Navita Singh,Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.1158 of 2015 Date of Decision: January 22, 2015 Ajit Lambardar and others .....Petitioners versus Collector, Bhiwani and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE AMIT RAWAL.

Present:Mr.Mahabir Singh Sidhu, Advocate, for the petitioners.

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1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioners seek quashing of a suit for declaration filed by respondent Nos.3 to 7 before the Collector, Bhiwani under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana (hereinafter referred to as 'the Act'). The principal grievance of the petitioners is that the aforesaid suit is nothing but an abuse of process of law as the controversy regarding title of the land in dispute has already been settled upto the Hon'ble Supreme Court in the case of Gram Panchayat of village Mundhal Khurd versus Amar Singh (dead) by LRs and others, 2000 (10) SCC 644. Having heard learned counsel for the petitioners and keeping in view the categoric plea taken by them that the identical issue has already been settled upto the Hon'ble Supreme Court, it appears to us that the Collector, before MOHINDER KUMAR 2015.01.28 11:25 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.1158 of 2015 [2] whom private respondents have instituted the declaratory suit, is obligated to consider the non-maintainability as a preliminary objection within the parameter of Order 7 Rule 11 CPC and decide the same in accordance with law, within a period of three months before proceeding to decide the suit on merits. If need be, the petitioners shall be at liberty to move an appropriate application in this regard. Ordered accordingly.

Dasti.

(SURYA KANT) JUDGE January 22, 2015 (AMIT RAWAL) Mohinder JUDGE MOHINDER KUMAR 2015.01.28 11:25 I attest to the accuracy and authenticity of this document Chandigarh