Mohinder Singh @ Mahinder Singh vs State Of Punjab And Others

Punjab-Haryana High Court

Mohinder Singh @ Mahinder Singh vs State Of Punjab And Others on 26 April, 2024

Author: Rajesh Bhardwaj

Bench: Rajesh Bhardwaj

                                                                                           2024:PHHC:057346

            223

                                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                  AT CHANDIGARH

                                                                       CWP-4962-2024
                                                                       Date of Decision: 26.04.2024


            MOHINDER SINGH @ MAHINDER SINGH                                                 ...Petitioner
                                     Versus
            STATE OF PUNJAB AND OTHERS                                                     ...Respondents

            CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ
            Present:-                  Mr. Luvraj Dhindsa, Advocate
                                       For the petitioner.

                                       Mr. N.S. Diwana, Sr. DAG, Punjab.

                                             *****

            RAJESH BHARDWAJ, J. (Oral)

1. Prayer in the present petition is for directing respondents No.1 to 3 to submit status report regarding unreasonable delay of 05 years in handing over the possession of Kura/Tuk after the issuance of sanad taksim and warrant of possession dated 14.11.2017 (Annexure P-3) to the petitioner as despite making best efforts, the petitioner is not being handed over the separate possession of his Kura/Tuk for the want of AKS Sajra and Field Book, on the basis of which partition took place, even the legal notice dated 10.01.2024 (Annexure P-7) with the prayer to direct respondent No.3- Assistant Collector-I, Tehsil Raikot, District Ludhiana for locating the relevant documents of the partition case titled as Jit Singh Vs. Jarnail Singh and others including AKS Sajra and Field Book, is still pending.

2. This Court directed the State to file a status report and the same has been filed by way of affidavit of Beant Singh Sidhu, Sub Divisional Magistrate, HIMANSHU 2024.04.29 10:22 I attest to the accuracy and authenticity of this order/judgment.

Raikot, District Ludhiana on behalf of respondents No.1 to 3, which is taken on record. A copy thereof is supplied to learned counsel for the opposite party.

3. Learned State counsel has drawn the attention of this Court to the affidavit filed today and has submitted that the Tehsildar, Raikot has issued warrants of possession vide his office letter no.67 dated 26.03.2024 for delivery of the possession. He further submits in compliance of the warrants of possession, Kanungo Halqa has submitted report dated 18.04.2024 that the wheat crop is standing on the land in question and on account of the same, the possession proceedings could not be carried out. He submits that immediately after the harvesting of the present crop the possession would be delivered to the petitioner.

4. Learned counsel for the petitioner agrees to the submission made by learned State counsel.

5. After hearing learned counsel for the parties, the present petition is disposed of with a direction in case possession is not delivered to the petitioner by 15.05.2024, he would have the liberty to avail his remedy as per law.

                                                                         (RAJESH BHARDWAJ)
            26.04.2024                                                         JUDGE
            himanshu

                                       Whether speaking/reasoned              Yes/No
                                       Whether reportable                     Yes/No




HIMANSHU
2024.04.29 10:22
I attest to the accuracy and
authenticity of this order/judgment.