Kewal Singh v. State Of Haryana And Others

CWP-26331-2021 -12023:PHHC:064499

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANIDGARH CWP-26331-2021 Date of Decision: 03.05.2023 Kewal Singh ..... Petitioner

Versus

State of Haryana and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. P.K. Ganga, Advocate for the petitioner.

Mr. Rahul Dev Singh, Addl. A.G., Haryana.

***** VIKAS BAHL, J (ORAL) This is a civil writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the attachment order dated 20.05.1984 (Annexure P-1) and entries from the revenue record.

Learned counsel for the petitioner has submitted that the petitioner married Nasib Kaur but due to differences between the two, they started living separately and Nasib Kaur filed an application dated 27.01.1982 before Judicial Magistrate Ist Class, Mansa claiming maintenance of Rs.2,000/- per month and the said application was decided on 03.10.1983 by the Judicial Magistrate Ist Class, Mansa and the property of the applicant measuring 33 kanals was attached by the revenue authorities, vide order dated 20.05.1984. It is submitted that the dispute between the petitioner and the wife has been settled by a decree of divorce granted on 12.03.2004 and the outstanding amount has been paid and the DINESH BANSAL 2023.05.06 14:01 I attest to the accuracy of this order Chandigarh

CWP-26331-2021 -22023:PHHC:064499 said Nasib Kaur appeared in the said proceedings and had given a statement that she has no objection in case the entry regarding the attachment is removed from the revenue record. It is submitted that however, the said entry still remains.

Learned counsel for the petitioner has submitted that the petitioner has given representation dated 10.10.2019 (Annexure P-8) to various revenue authorities and he would be satisfied in case respondent No.3-Assistant Collector 2nd Grade, Tehsil Kalanwali, District Sirsa is directed to consider the representation dated 10.10.2020 (Annexure P-8) and to take appropriate action, in accordance with law. Learned State counsel has submitted that the Assistant Collector 2nd Grade, Tehsil Kalanwali, District Sirsa will look into the representation dated 10.10.2020 and take appropriate action, in accordance with law. Keeping in view the above facts and circumstances of the case, the present petition is disposed of with a direction to Assistant Collector 2nd Grade, Tehsil Kalanwali, District Sirsa, to look into the representation dated 10.10.2020 (Annexure P-8) and take appropriate action, in accordance with law.

It is made clear that this Court has not considered the merits of the case and the Assistant Collector 2nd Grade, Tehsil Kalanwali, District Sirsa, would consider the case independently, in accordance with law. (VIKAS BAHL) 03.05.2023 JUDGE D.Bansal Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DINESH BANSAL 2023.05.06 14:01 I attest to the accuracy of this order Chandigarh