Abhe Singh And Others v. State Of Haryana And Others
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of Decision: 12.12.2023 Abhe Singh and others ..... Petitioners
Versus
State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present:
Mr. Vijay Kumar Sheoran, Advocate for the petitioners.
Mr. P.P. Chahar, Addl. A.G., Haryana.
Mr. Manoj Kaushik, Advocate for respondent No.5.
**** SURESHWAR THAKUR , J. (ORAL) CM-15430-CWP-2023 Application is allowed as prayed for. Reply filed on behalf of respondent No.5 is taken on record.
CWP-14283-2023 1.
Learned counsels appearing for all the contesting litigants are ad idem that the demarcation report, whereons, reliance became placed by the statutory authorities below, rather prima facie was not amenable for any
valid reliance being made thereons, as, the same became neither tendered into evidence nor became lawfully proved, thus, through its author stepping into the witness-box.
2.
Furthermore, the learned counsels are also ad idem, that thereby after accepting the writ petition challenging the impugned Annexures, besides, after quashing the impugned Annexures, this Court may proceed to make an order of remand of lis, to the Assistant Collector concerned, so as to ensure that after his making restoration of the lis to its original number, that subsequently he proceeds to make a fresh decision in accordance with law, upon the relevant lis. In consequence, after accepting the above ad idem statement made in the bar by learned counsel for the contesting litigants, this Court proceeds to after accepting the instant writ petition, thus, annul the impugned Annexures.
Moreover, this Court also remands the lis to the learned Assistant Collector, concerned to ensure, that he summons the author of the demarcation report Annexure P-1, so that thereby, the same becomes tendered, besides becomes proven in accordance with law. In addition, the learned Assistant Collector concerned, shall also grant an opportunity to the aggrieved therefrom to make crossexaminations, upon, the author of Annexure P-1. 3.
Lastly, in case, the learned Assistant Collector concerned, deems it fit and appropriate, yet to make a fresh demarcation of the disputed sites, he may order for such a fresh demarcation being made by lawfully empowered Revenue Officer, concerned. Moreover, the Assistant Collector concerned, shall also ensure that the author of the freshly made demarcation
report of the disputed sites, thus steps into the witness-box and proves the same, besides shall as stated supra shall grant an opportunity to the aggrieved therefrom to make cross-examination upon him. 4.
In view of the above observations and directions, the instant writ petition is disposed off, and Assistant Collector concerned is directed to make a valid speaking decision on the remanded lis but, thus within four months from today, but after hearing all affected persons to the lis. 5.
All pending applications, if any, stand disposed of accordingly. (SURESHWAR THAKUR) JUDGE (SUDEEPTI SHARMA) JUDGE 12.12.2023 Satyawan
1. Whether speaking/reasoned: Yes/No
2. Whether reportable:
Yes/No