Irfan Khan And ANR v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:06.08.2015.

Irfan Khan and another .............Petitioner v.

State of Haryana and others .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Sanjiv Gupta,Advocate for the petitioner in CWP 7767/2013, CWP 5553/2014,CWP 7708/2014 Mr.Vinod S.Bhardwaj,Advocate for petitioners in CWP 993/2015 Mr.SN Saini,Advocate for petitioner in CWP 2908/2015 Mr.Sumit Gupta,Advocate for petitioner in CWP 8572/2014 Mr.RS Malik,Advocate for petitioner in CWP 7533/2015 Mr.D.Khanna,Additional Advocate General for State of Haryana Mr.Anil Dutt,Advocate for Mr.SP Khatri,Advocate for State of Uttar Pradesh Mr.PK Longia,Advocate for respondent no.2 in CWP 993/2015.

Mr.Ashok Singla,Advocate for respondent no.2 in CWP No.2908/2015 ************** Jaswant Singh,J.(Oral) This order will dispose of 7*(seven) writ petitions as the matter involved and prayer made in all these petitions is identical. The aforesaid seven writ petitions have been filed by residents of different villages of both the States i.e. Haryana and Uttar Pradesh seeking completion of revenue records in compliance of the undertaking given before this Court on behalf of State of Haryana as

noticed in the order dated 17.8.2011(P-3) attached with CWP 7767/2013. Correction of revenue records is sought for, for the areas along river Yamuna in the Districts of Palwal,Karnal, Sonipat and Panipat.

Upon notice, in some of the writ petitions, written statement on behalf of State of Haryana as also by District Magistrate, Baghpat has been filed. In the reply filed on behalf of District Magistrate,Baghpat in CWP 7767/2013 it is stated that the land measuring 604 Hectares of Village Tanda, District Baghpat,Uttar Pradesh has been transferred to various village of District Panipat in terms of the Dixit Award and after transfer of the land from Uttar Pradesh to Haryana, it is duty of the Revenue Department of Haryana to update their revenue records.

During the course of previous hearing, the Financial Commissioner, Revenue,Haryana was directed to file a status report. In compliance, a status report by way of affidavit dated 16.7.2015 has been filed.

For ready reference the directions contained in the order dated 17.8.2011 passed by this Court, are reproduced as under:- "1. That the Settlement Officer shall get the measurement of above mentioned land done as per rules and regulations.

2. That after proper measurement, Shajra Plan shall be got prepared.

3. That the record of rights of proprietors so prepared shall

be made available to the public and the claims and objections,if any, shall be invited as per provisions of law.

4. That after hearing claims and objections, the process to make the final revenue record of rights will be started as per provisions of Section 32 of the Punjab Land Revenue Act,1887"

From the perusal of affidavit and the appended Annexures as also submissions of learned Additional Advocate General, it is apparent that some serious efforts have been made for complying with the directions reproduced above.

It is conveyed that records of right except one village each in four Districts of Palwal,Karnal, Sonipat and Panipat have reached the final stage of completion. As regards the remaining villages, the work has been undertaken with due earnest. It is stated that a Division Bench of this Court vide order dated 29.7.2015 passed in CWP No.279/2015 titled as Parmal Singh and others v The State of Haryana and others, has granted six months more to do the needful in terms of the directions contained in the order dated 17.8.2011. In view of sincere efforts of the Government, it is agreed that no further directions or adjudication is required in the present writ petitions at this stage. In case the State still is unable to complete the exercise, needless to say, would be entitled to seek extension of time and correspondingly the petitioners would also be free to show any lapse on the part of the Government authorities in complying with the

aforesaid directions. However, in case of individual grievances relating to records of right, parties would be free to seek appropriate remedy before appropriate Court in accordance with law. Disposed of accordingly.

Office to place a copy of this order on the files of connected cases.

06.08.2015.

(Jaswant Singh) joshi Judge *1. CWP 7767/2013 Irfan Khan and another v State of Haryana and others

2. CWP 5553/2014 Gram Panchayat Village Tanda v State of Haryana and others

3. CWP 7708/2014 Raj Pal v State of Haryana and others

4. CWP 8572/2014 Sharif and others v State of Haryana and others

5. CWP 993/2015 Samay Singh and others v Financial Commissionercum-Principal Secertary,Department of Revenue and Disaster Management and others.

6. CWP 2908/2015 Karambir Singh and others v State of Haryana and others

7. CWP No.7533/2015 Ram Niwas Tyagi and others v State of Haryana and others