Daya Wanti v. State Of Haryana & ORS

Vinod Kumar 2017.10.04 09:29 I attest to the accuracy and integrity of this document

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.17135 of 2017 Date of decision:27.09.2017 Daya Wanti

...Petitioner

Versus

The State of Haryana and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Jayoti Parshad Sharma, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J.

This matter pertains to partition of the joint land in which Sanad Taqsim dated 31.03.2011 and the Tarmimi Sanad Taqsim (Amended Final Partition) dated 14.07.2011 had already been prepared. The only argument raised by the petitioner is that the respondents should have taken into consideration Section 115A of the Punjab Land Revenue (Haryana Amendment) Act, 2017 (for short "the Act"). After hearing learned counsel for the petitioner and examining the available record, I am of the considered opinion that the said provision cannot be applied at the stage when the partition proceedings had already been over as Section 115A of the Act deals with the settlement of dispute by conciliation. In view of the above, the present writ petition is hereby dismissed, being denuded of any merit, though without any order as to costs. September 27, 2017 (Rakesh Kumar Jain) vinod* Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No