Zulfan Mohammad And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-17560-2026 (O&M) Date of Decision : 27.05.2026 Zulfan Mohammad and Others ... Petitioners

Versus

State of Haryana and Others ... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI Present :

Mr. Vikram Singh, Advocate Ms. Sumitra, Advocate and Mr. Nitin Dhakla, Advocate for the petitioners.

ALKA SARIN, J. (Oral) 1.

The limited prayer in the present petition is for protecting the possession of the petitioners till such time as the petition filed under Section 13-AA(2) of the Haryana Village Common Lands (Regulation) Act, 1961 (for short the 'Act of 1961') pending before the Financial Commissioner-cumPrincipal Secretary, Revenue [exercising the power under Punjab Village Common Lands (Regulation) Act, 1961] is decided. 2.

Learned counsel for the petitioners would contend that earlier also respondent No.2 - Commissioner, Ambala Division, District Ambala - had passed order dated 27.03.2018 (Annexure P-3) holding that the proceedings under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 would be kept in abeyance till such time as the petition filed by the petitioners herein under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 is not decided. 3.

Notice of motion.

JITENDER KUMAR 2026.05.29 10:09 I attest to the accuracy and authenticity of this order/judgment Chandigarh

CWP-17560-2026 -24.

Mr. Saurabh Mago, DAG Haryana accepts notice on behalf of respondent Nos.1 to 4 and on instructions states that it is only the apprehension of the petitioners that they would be dispossessed and that the order was passed on 27.03.2018 when the petition under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 was disposed off. Thereafter, an appeal was also filed by the petitioners, which remained pending from 28.07.2022 to 02.04.2026, and no coercive steps were taken against the petitioners. Therefore, it is only the apprehension in the mind of the petitioners that steps would be taken to evict them during the pendency of the petition pending before the Financial Commissioner-cum-Principal Secretary, Revenue, Haryana.

5.

In view of the above, the present petition is disposed off with a direction to the Financial Commissioner-cum-Principal Secretary, Revenue, Haryana to decide the petition under Section 13AA(2) of the Act of 1961 within a period of two months from today. Till such time as the petition is not decided, no coercive steps would be taken against the petitioners. Pending applications, if any, also stand disposed off. ( ALKA SARIN ) JUDGE 27.05.2026 jk ( RAMESH CHANDER DIMRI ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2026.05.29 10:09 I attest to the accuracy and authenticity of this order/judgment Chandigarh