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High Court of Punjab and HaryanaCWP/1280/2016disposed of

Mohan Singh v. State Of Haryana & ORS

2016-01-21Ms. Justice Navita Singh,Mr Justice Jaswant Singh2 pages

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.1280 of 2016 (O&M) Date of Decision: 21.01.2016 **** Mohan Singh ... Petitioner VS.

State of Haryana & Ors.

... Respondents **** CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR.JUSTICE P.B. BAJANTHRI ****

Present:

Ms. Garima Jindal, Advocate for the petitioner **** SURYA KANT, J. (Oral)  (1) Notice of motion to respondent No.1 only. Ms. Kirti Singh, DAG Haryana accepts notice. In view of the nature of relief sought and the order which we propose to pass, it is not necessary to call upon the private respondents to bear avoidable litigation expenses as no order prejudicial to their interest is being passed on merits.

(2) The petitioner is a resident of Village Buana Lakhu, Tehsil Israna, District Panipat. The only relief sought in this writ petition is to direct the Collector, Panipat to decide the suit filed by the private respondents under Section 13-A of the Punjab Village Common Land (Regulations) Act, 1961 as applicable to the State of Haryana in a time-bound manner.

(3) Suffice it to observe that the private respondents have filed a declaratory suit under Section 13-A of the 1961 Act in the Court of Collector, Panipat claiming their ownership qua the suit V.VISHAL 2016.02.01 11:50 I attest to the accuracy and authenticity of this document



           land. The said petition was filed on 29.07.2013. The petitioner has alleged that under the order of status quo granted by this Court in some other proceedings, the land which is johad (pond) is being leveled by the encroachers and in these circumstances the pending suit deserves to be decided at the earliest.

(4) Having regard to the fact that the declaratory suit was instituted in the year 2013 and the Gram Panchayat has already filed its written statement on 28.02.2014, it appears that the pending suit can now be expeditiously decided by giving reasonable opportunities to lead evidence to both the parties. (5) The writ petition is thus disposed of with a direction to the Collector, Panipat to decide the above-stated suit in accordance with law and preferably within a period of six months from the date of receipt of a certified copy of this order. (6) Ordered accordingly.

  









 

 

 

            





     

   

   

    

 

 

 

   V.VISHAL 2016.02.01 11:50 I attest to the accuracy and authenticity of this document