Hardayal Gir And ANR v. Financial Commissioner And ORS

CM-10313-CWP-2025 in/and CWP-21392-2022 (O&M) - - 156+206

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH *** CM-10313-CWP-2025 in/and CWP-21392-2022 (O&M) Date of Decision: 24.07.2025 Hardayal Gir and another ....Petitioners

Versus

Financial Commissioner (Appeals), Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Sherry K. Singla *** HARSH BUNGER, J. (Oral) CM-10313-CWP-2025 This is an application filed under Section 151 of the Code of Civil Procedure for seeking permission to place on record Annexures R-1 and R-2.

For the reasons mentioned in the application, the same is allowed and Annexures R-1 and R-2 are taken on record, subject to all just exceptions.

Application stands disposed of accordingly.

CWP-21392-2022 (O&M) 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 order dated 30.05.2017 (Annexure P-3) passed by learned Assistant Collector 1st Grade-cum-Sub Divisional Magistrate, HIMANI GUPTA 2025.07.29 12:20 I attest to the accuracy and integrity of this document

CM-10313-CWP-2025 in/and CWP-21392-2022 (O&M) - - Patiala; order dated 24.04.2018 (Annexure P-5) passed by learned Collector, Patiala and order dated 04.08.2022 (Annexure P-7) passed by learned Financial Commissioner (Appeals), Punjab.

2.

During the course of hearing, learned counsel for the respective parties are ad idem that the present petition can be disposed of in light of the fact that a civil suit (Annexure P-9) titled as "Jaspal Gir versus Hardayal Gir" preferred by respondent No.5 (Jaspal Gir) is pending adjudication before the Court of Civil Judge (Senior Division), Patiala and that both the parties would abide by the final outcome of the said suit and till that time, the parties shall maintain status quo as regarding possession, alienation and nature of the property.

2.1 It is also not disputed that another suit which was filed by the petitioners seeking joint possession and declaration regarding inheritance to the estate of the Amargir Singh (deceased) stands withdrawn by them. 3.

Keeping in view the above, the present petition stands disposed of with a direction that during the pendency of the civil suit (Annexure P-9) titled as "Jaspal Gir versus Hardayal Gir", the parties shall maintain status quo regarding as possession, alienation and nature of the suit property. It is further directed that the Revenue Authorities shall make an entry in the remarks column as regards the khewat which comprises of land in dispute; indicating the factum that the civil suit (Annexure P-9) regarding the estate of Amar Gir (deceased) is pending adjudication in the Court of learned Civil Judge, (Senior Division), Patiala.

4.

All pending application(s), if any, shall also stand closed. 24.07.2025 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2025.07.29 12:20 I attest to the accuracy and integrity of this document