Fakruddin & ORS v. State Of Haryana & ORS

RSA No.1500 of 2016 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.1500 of 2016 (O&M) Date of decision:03.04.2019 Fakruddin and another ... Appellants Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Mohammad Arshad, Advocate, for the appellants. AMIT RAWAL J. (Oral) The short point involved in the present regular second appeal is whether the suit of the plaintiffs under the garb of declaration and injunction claiming ownership in possession of agricultural land which had already been allotted in the year 1984 by the Custodian Department, can be maintained, the answer is 'No'. This is what has been noticed by both the Courts below.

At this stage, learned counsel for the appellants seeks withdrawal of the appeal and suit with liberty to avail the remedy in accordance with law.

I am afraid the aforementioned relief cannot be granted as this fact came to the knowledge of the plaintiffs during the pendency of the suit and appropriate steps could have been taken at the relevant point of time. No ground is made out for interference.

SAVITA KADIAN 2019.04.05 09:43 I attest to the accuracy and integrity of this document High Court Chandigarh

RSA No.1500 of 2016 (O&M) {2} Resultantly, the regular second appeal is dismissed. (AMIT RAWAL) JUDGE April 03, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2019.04.05 09:43 I attest to the accuracy and integrity of this document High Court Chandigarh