Kashmir Singh vs State Of Haryana And Others
2022 Latest Caselaw 6918 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
122

                                           CR-1439 of 2019 (O&M)
                                           Date of decision: 14.07.2022

Kashmir Singh
                                                                   ...Petitioner

                                    Versus
State of Haryana and others

                                                                 ...Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Abhinav Sood, Advocate, for Mr. Vikram Singh, Advocate, for the petitioner.

Mr. Harsh Vardhan, AAG, Haryana

ANIL KSHETARPAL, J (Oral)

The Executing Court after noticing that the land is recorded as

"Shamlat Deh Hasab Rasad Rasta Arazi Khewat" has held that the execution

petition is not maintainable. It was noticed that the Collector (the competent

authority) vide judgment dated 31.03.2008 declared the land to be "Shamlat

Deh" which was confirmed in appeal by the appellate Court Thereafter, the

matter was remanded back to the Collector.

The learned counsel representing the petitioner admits that the

Collector has once again declared that the land is "Shamlat deh". However,

he claims that the writ petition in the High Court assailing the correctness

of the order passed by the Collector is pending.

Keeping in view the aforesaid facts, the revision petition is

dismissed. However, the petitioner shall have the liberty to file an

application for revival of the execution petition, if there is any declaration to

the fact that the land is not "Shamlat Deh".

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 CR-1439 of 2019 (O&M)                                               -2-

All the pending miscellaneous applications, if any, are also

disposed of.

July 14, 2022                                         (ANIL KSHETARPAL)
nt                                                          JUDGE

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




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