Sunita Rani v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CWP-16592-2025 (O&M) Date of Decision: 15.09.2025 Sunita Rani ..... Petitioner

Versus

State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. Vivek Goyal, Advocate for Mr. Karan Singh, Advocate for the petitioner.

***** HARSH BUNGER J. (ORAL) The present petition has been filed under Articles 226/227 of the Constitution of India inter alia seeking issuance of a writ in the nature of Certiorari for quashing of the notices (Annexure P-12) issued in the name of Sh. Mahender Singh (father of the petitioner) on the plea that Sh. Mahender Singh has already expired, therefore their legal heirs may be allowed to join the proceedings as regards their claim of allotment of land. 2.

Learned counsel for the petitioner refers to an order dated 16.05.2024 (Annexure P-11), passed by a Co-ordinate Bench of this Court in CWP-8305-2024, filed on behalf of Mahender Singh, the relevant extract of which reads as under:- "Learned counsel for the petitioner has submitted that the land was allotted to the petitioner in due course of the law and thus, there was no reason to cancel the allotment as done by respondent No.2-Deputy Commissioner.

However, learned counsel for the State, at the outset, has submitted that a committee was constituted on 26.03.2024 to

consider the case of all the allottees afresh and in the eventuality the allotment made by the previous committee is found to be correct, it would be re-validate from the date of original allotment and the sale certificate issued would be treated as valid and their ownership would be depicted in the revenue record. However, due to the pendency of present petition, the case of the petitioner could not be considered. She submits that the committee would consider the case of present petitioner and pass a fresh order after reconsideration.

Learned counsel for the petitioner also agrees to the abovesaid submissions. In view of the above, the present petition is disposed of with direction that the committee constituted would consider the case of the petitioner (and prayer made in the representation Annexure P-5) afresh and complete the exercise within three months from the date of receipt of copy of this order. However, it is being clarified that dispossession of the petitioners would remain stayed till the fresh decision is taken."

3.

It is submitted by learned counsel for the petitioner that prior to the passing of aforesaid order dated 16.05.2024 (Annexure P-11), Sh. Mahender Singh expired during the pendency of the aforesaid writ petition (CWP-8305-2024), however, the said fact was not brought to the notice of this Court.

4.

Learned counsel for the petitioner further submits that in pursuance of order dated 16.05.2024, the proceedings are still pending and the petitioner would be satisfied if appropriate directions are issued for affording her an opportunity of hearing before any final decision is taken in the matter. 5.

On advance service of copy of petition, appears on behalf of respondent/State.

5.1 Learned State counsel, on instructions from Mr. Suresh Kumar, Naib Tehsildar, Sub Tehsil, Rajound and Mr. Nar Singh Kumar, Patwari, Sub Tehsil, Rajound, submits that the matter as regards the allotment of land was

considered by the Committee, which was constituted to look into such matters, however, the Committee has submitted its report dated 14.05.2025 to the Deputy Commissioner, Kaithal and presently the proceedings are pending before the Deputy Commissioner, Kaithal. She further submits that before passing any final order, the petitioner would be given an opportunity of hearing and a written intimation in that regard would be sent to the petitioner at the address as mentioned in the present writ petition. 6.

Keeping in view the aforesaid stand taken by learned State counsel, no further orders are required to be passed in the instant writ petition. 7.

In view of the above, the present writ petition is disposed of. 8.

All the pending application(s), if any, shall also stand closed. 15.09.2025 (HARSH BUNGER) Himani JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No