Maha Singh v. Commissioner Hisar Division Hisar And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-1970-2017 (O&M) Date of Decision : 21.04.2026 Maha Singh (deceased) through LRs ... Petitioners

Versus

Commissioner Hisar Division, Hisar and Others ... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI Present :

Mr. Rakesh Nehra, Senior Advocate with Ms. Harmanpreet Kaur, Advocate for the petitioners. Mr. Saurabh Mago, DAG Haryana for respondent Nos.1 to 3. Mr. Jai Bhagwan Sharma, Advocate for respondent No.4. Mr. Kamal Sharma, Advocate for respondent Nos.5 to 8. ALKA SARIN, J. (Oral) 1.

Learned Senior counsel appearing on behalf of the petitioners on instructions from one of the legal representatives of the petitioner - Maha Singh - namely, Sh. Jagdish Kundu, who is present in Court, states that the petitioners may be permitted to withdraw the present petition with liberty to pursue the application filed by them under Section 5A(1A) of the Haryana Village Common Lands (Regulation) Act, 1961, which was inserted by the Haryana Act No.19 of 2024 and came into force w.e.f. 16.08.2024. The learned senior counsel, however, prays that since the house of the petitioners was constructed on the said land in the year 1998, their possession be protected till such time as the Gram Panchayat takes a decision qua the JITENDER KUMAR 2026.04.22 10:13 I attest to the accuracy and authenticity of this order/judgment Chandigarh

CWP-1970-2017 -2application filed by the petitioners.

2.

Learned State counsel as well as learned counsel appearing on behalf of respondent No.4-Gram Panchayat state that they have no objection. 3.

In view thereof, the present writ petition is disposed off with liberty to the petitioners to pursue their application filed under Section 5A(1A) of the Haryana Village Common Lands (Regulation) Act, 1961. Till the time the Gram Panchayat does not take a decision qua the application filed by the petitioners, possession of the petitioners shall be protected. Gram Panchayat shall take a decision on the application filed by the petitioners within 15 days from today. In the eventuality the application of the petitioners is rejected, possession of the petitioners shall be protected for another period of 15 days so as to enable them to prefer an appeal. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE ( RAMESH CHANDER DIMRI ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 21.04.2026 jk JITENDER KUMAR 2026.04.22 10:13 I attest to the accuracy and authenticity of this order/judgment Chandigarh