Sarvan Kumar v. State Of Haryana And Others

IN T THE HIGH COURT OF PUNJ JAB AND HARYANA ARH AT CHANDIGA CWP-23787-2025 (O&M) Date of decision :19.08.2025 ) SARVAN K KUMAR

...Petitioner

Versus

STATE OF

CORAM:

HARYANA AND OTHERS

...Respondents

HON'BLE MR. JUSTICE HA ARSH BUNGER Present :

HARSH BU Mr. Mukul Goyal, Advocate Ms. Neha Sharma, Advocate for the petitioner.

Ms. Upasana Dhawan, A.A.G., , Haryana.

UNGER, J. [ORAL] Prayer in the present writ peti ition, filed under Article 226 of f the Constitu ution of India, is for issuanc ce of a writ in the nature of f mandamus, for directing the respondents No o.1 to 4 to enter the name of the e petitioner in n the ownership column of th he revenue records, as per the e compromise e dated 15.05.2023 (Annexure P P-1) and the Civil Court Award d dated 19.03 .2024 (Annexure P-2).

A further prayer has been made e for directing respondent No.5- - Jai Bhagwa an to facilitate entering of pet titioner's name in the revenue e record.

2.

Briefly, the petitioner claims to be in possession of land, , comprised i in Rect. No. 30, Killa No. 3/1(6- -),9/2(0-7), 10/1/11(0-16), Rect.

No. 45 Kil lla No. 22/2(1-8), 22/3(3-4),23 3/1(6-1),Rect No.37 Killa No.

21/2(6-16), 22/1(6-17), Rect No.19 Killa No. 2(6-14), 4(8-0), 23(8-0), 24(80) (Total 41 Kanal 16 Marla) of Village Gopalpur, Tehsil and District Gurugram and Rect No. 27 Killa No. 10(7-8), 11(7-8) ) (Total 11 Kanal 16) and Rect No. 18 Killa No. 17(8-0), 21(5-0) ) (Total 58 Kanal 10 Marla) Village Gopalpur, Tehsil and District Gurugram. 2.1 As per the petitioner, the afore-said land was not recorded as his ownership and the litigation was going on, wherein, a written compromise was entered into between petitioner-Sarvan Kumar and respondent No.5-Jai Bhagwan on 15.05.2023 and on that basis, the Civil Suit filed by petitioner-Sarvan Kumar against respondent No.5-Jai Bhagwan was disposed of vide order dated 19.03.2024 (Annexure P-2), by observing as under :- "4. In Pursuance of the compromise Ex. C1 was tendered on file.

Further, both the parties prayed vide a separate statement that suit be decreed as per compromise Ex. C1. Both the parties were duly identified. Since the matter has been compromised between the parties and keeping in view the facts of case vis a vis the statements of the parties & compromise Ex.C1, the suit of the plaintiff is hereby decreed. The compromise Ex. C1 be read as a part of the Judgment. The parties to the case shall be bound by their statements & the compromise. Further, this Judgment shall not affect the rights, title and interests, in suit property or otherwise, of any person not a party to this suit. Further, this Judgment shall not prejudice the provisions regarding payment of stamp fee or provisions of Registration Act, 1908, wherever applicable. Decree Sheet be drawn up accordingly. No order as to costs.

File be consigned to the record room, after due compliance." 2.2 Thereafter, the petitioner appears to have submitted a representation dated 29.08.

in his name; however, according to the petitioner, no action has been taken thereupon. Hence, the present writ petition.

3.

Heard.

4.

A perusal of the writ petition would show that the petitioner has not placed on record any revenue record in support of his assertion that the petitioner has been in possession of the land as noticed above. Further, a perusal of para No.4 of the order dated 19.03.2024 reflects that the said judgment shall not affect the rights, title and interest in the suit property or otherwise, of any person not a party to the suit and also that the said order shall not prejudice the provisions regarding payment of stamp fee or the provisions of Registration Act, 1908.

5.

Concededly, as per the petitioner's own claim that he was not having any ownership rights in the land under his possession and he has acquired the same by way of a compromise dated 15.05.2023 (Annexure P-1) and judgment dated 19.03.2024 (Annexure P-2). 5.1 In my considered view, in case, the petitioner did not have any pre-existing right in the land in question then in that eventuality, if the petitioner has acquired any ownership rights in the land (as noticed above) vide afore-said judgment dated 19.03.2024 (Annexure P-2) then said judgment would be required to be registered after payment of requisite stamp duty, before the same can be implemented in the revenue record. 5.2 Evidently, there is nothing on record to show that the afore-said judgment dated 19.03.2024 (Annexure P-2) has been got registered upon payment of stamp duty/registration fee etc. and in the absence of the same, the afore-said land cannot be mutated in the revenue records, in the name of the petitioner.

6.

Keeping in view the above, I find no merit in the instant writ

petition and the same is, accordingly, dismissed; however, leaving it open to the petitioner to avail his remedy/ies, in accordance with law. 7.

All pending applications (if any) shall also stand closed. August 19, 2025 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No