Rajender Singh v. State Of Haryana And Others

CWP-17939-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17939-2023 Date of Decision: August 21, 2023 Rajender Singh ......Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Wazir Singh, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) Instant writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of writ in the nature of mandamus directing respondents No.2 and 3 to conclude the partition proceedings in the cases titled as (i) Rajender Singh and others vs Zile Singh and others (Khewat No.791), (ii) Rajender Singh and others vs Zile Singh and others (Khewat No.817) (iii) Rajender Singh and others vs Zile Singh and others (Khewat No.803) for getting partition of land which is kept pending without any specific reasons, within time bound manner. It is further prayed to direct the respondents to decide the partition matters by implementing the amended Act under Section 111-A of the Punjab Land Revenue Act, 1987 (Haryana Amendment Rule 2020), Annexure P-2 and decide partition cases within time bound manner. It is further prayed to direct the respondents to decide the advance legal notice-cum-representation dated 28.12.2022, Annexure P-3.

MEENU 2023.08.22 14:14 I attest to the accuracy and integrity of this order/judgment

CWP-17939-2023 -2It has been contended by counsel for the petitioner that partition proceedings are pending for the last two years whereas as per the amended Section 111-A of the Punjab Land Revenue Act, 1987, dated 03.11.2020, the partition proceedings are to be completed within a period of six months from the date of notice but the proceedings are pending for the last two years. He submits that petitioner has given legal notice-cum-representation, dated 28.12.2022, Annexure P-3, but the same has not been decided till date. Notice of motion.

On asking of the Court, Ms.Upasana Dhawan, AAG, Haryana, who is present in Court, accepts notice on behalf of the respondents/State. After hearing counsel for the parties and going through the facts and circumstances of the case, the present petition is disposed of with a direction to respondent No.3, i.e. Assistant Collector 2nd Grade cum-Naib Tehsildar, Pillu Karnal, District Jind, to decide the legal notice-cumrepresentation, dated 28.12.2022, Annexure P-3 expeditiously in accordance with law preferably within four weeks from the date of receipt of certified copy of this order.

August 21, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.08.22 14:14 I attest to the accuracy and integrity of this order/judgment