Kavita v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-16534-2021 Date of Decision : March 10, 2025 KAVITA -PETITIONER V/S STATE OF HARYANA AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Mohammad Arshad, Advocate for the petitioner.

Mr. Rajesh Gaur, Addl. A.G., Haryana.

*** KULDEEP TIWARI, J. (ORAL) 1.

The prayer sketched by the petitioner, in this writ petition, appertains to issuance of directions upon the official respondents No.2 and 3 to take remedial action, by ordering legal as well as departmental action, against the respondents No.4 to 16, who have, in connivance with each other, executed forged Vasika Nos. 1824, 1825 and 1826 dated 24.03.2021, in respect of the land owned and possessed by her in-laws' family members, including her husband.

2.

The ground(s) canvassed by the petitioner, in her beseeching the relief (supra), is that, her in-laws' family members are bona fide and true owners in possession of the land in dispute, after their predecessor(s)-ininterest, whereas, the respondents No.8 to 10 are co-sharers therein, who, in connivance with other official respondent(s), sold the land in dispute. Not only this, the revenue revenue was also tampered to achieve the above evil design. Moreover, the sale deed(s) can very well be declared as forged and DEVINDER YADAV 2025.05.13 09:56 I attest to the accuracy and authenticity of this order/judgment

CWP-16534-2021 fabricated from the fact that, the Property ID numbers shown in the sale deed(s) are not available in the assessment record of municipality. 3.

This Court has heard the learned counsel for the petitioner at length, however, he is unable to satisfy this Court regarding maintainability of the instant writ petition, especially when highly disputed questions of facts engender the instant writ petition. Moreover, the record reflects that, civil suit bearings Nos. CS-369/2021, CS-370/2021, CS-371/2021, are still pending between the parties before the civil court(s) concerned and therein status quo in respect of the land in question has been ordered to be maintained, vide orders dated 06.05.2021 and 18.05.2021. Furthermore, the civil court(s) concerned has not yet adjudicated the issue with regard to veracity of the sale deed(s) at hand.

Therefore, at this stage and in the instant proceedings, this Court cannot conclude the sale deed(s) to be the outcome of fabrication and pass the asked for directions against the private respondents. The issues raised before this Court require them becoming adjudicated after evidence becomes adduced by the parties before the apposite authority/forum. The instant writ petition is not only a premature, but, a misconceived motion.

4.

Consequently, the instant writ petition is dismissed. However, liberty is reserved to the petitioner to take the apposite legal recourse before the appropriate authority/forum for redressal of her grievance. (KULDEEP TIWARI) March 10, 2025 JUDGE devinder Whether speaking/reasoned:

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.05.13 09:56 I attest to the accuracy and authenticity of this order/judgment