Raj Singh And Others v. State Of Haryana And Others

CWP No. 24342 of 2023 (O&M) -12023:PHHC:141665-DB In the High Court of Punjab and Haryana at Chandigarh (109) CWP No. 24342 of 2023 (O&M) Date of Decision: 07.11.2023 Raj Singh and others ......Petitioners

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present:

Ms. Rashi Shahrawat, Advocate for the petitioners.

Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Saurabh Mago, DAG, Haryana.

**** SURESHWAR THAKUR , J. (ORAL) CM-18956-CWP-2023 The application is allowed as prayed for. Annexures A-1 and A-2 are taken on record.

CWP No. 24342 of 2023 1.

The learned counsel for the petitioners and the learned State counsel are ad idem, that the demarcation report, as became relied upon, by both the statutory authorities below, was not tendered into evidence by its author, nor thus became proven, in accordance with law. 2.

Therefore, in view of the above ad idem statement, made at the bar, by the learned counsel for the petitioners as well as by the learned State counsel, this Court is led to quash the impugned orders. Moreover, this Court is further led to remand the lis to the learned Assistant Collector concerned, who shall, after restoring the lis to its original number, ensure that a valid demarcation of the petition land(s) is conducted by the GURPREET SINGH 2023.11.08 15:22 I attest to the accuracy and authenticity of this order/judgement Chandigarh

CWP No. 24342 of 2023 (O&M) -22023:PHHC:141665-DB empowered revenue officer concerned. Subsequently on receiving the report of the demarcating officer concerned, the learned Assistant Collector concerned, shall ensure that the author of the said demarcation report steps into the witness box, and, proves the same, in accordance with law. 3.

All the above exercises shall be ensured to be completed within three months from today but after hearing all affected persons concerned. 4.

Accordingly, the instant petition is allowed. The impugned orders are quashed and set aside.

(SURESHWAR THAKUR) JUDGE (SUDEEPTI SHARMA) JUDGE November 07, 2023 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2023.11.08 15:22 I attest to the accuracy and authenticity of this order/judgement Chandigarh