Idrish And ORS v. State Of Haryana And Others
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/3 Present writ petition has been filed for quashing the order/direction dated 16.10.2023 (Annexure P-5) passed by respondent No.2 whereby the amendment in Jamabandi has been ordered to be done on the representation filed by private respondent No.4, as the same is without jurisdiction and is in complete violation of provisions of Section 45 of the Punjab Land Revenue Act, 1887 (as applicable to the State of Haryana). Further prayer has been made for staying the operation of impugned order dated 16.10.2023 (Annexure P-5) during the pendency of the present petition.
Learned counsel for the petitioners has submitted before this Court that the impugned order dated 16.10.2023 has been passed without jurisdiction.
44 $ $56 Notice of motion to the official respondents at this stage. On asking of the Court,
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In view of the above mentioned position, Respondent No.2 i.e. the Deputy Commissioner, Nuh is directed to decide the application filed under Sections 42 & 43-A of the Act expeditiously in accordance with law. However, as submitted before this Court by the learned State counsel that the third party rights are being created so as to defeat the
$ $56 provisions of the Act, the Deputy Commissioner, Nuh would be at liberty to take the necessary action as the remedial measures to prevent any such illegal action in accordance with law.
The present petition is disposed of. However, the petitioners would be at liberty to pursue their remedies as available to them in accordance with law in case any further cause of action arises. 2 * 3
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