Mani Ram Sharma vs State Of Haryana And Others
2023 Latest Caselaw 4057 P&H

                                                 Neutral Citation No:=2023:PHHC:050968-DB




CWP-7305-2023                    -1-          2023:PHHC:050968-DB

        In the High Court of Punjab and Haryana at Chandigarh


                                         CWP No. 7305 of 2023
                                         Date of Decision: 13.4.2023

Mani Ram Sharma                                                      .....Petitioner


                                 Versus

State of Haryana and others                                       .....Respondents

CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
       HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:    Mr. Aman Redhu, Advocate
            for the petitioner.

            Mr. Raman Sharma, Addl. A.G., Haryana.

                        ****

SURESHWAR THAKUR, J. (ORAL)

1. Though, this Court on 28.3.2023, upon CWP-6432-2023, had

made the hereinafter extracted order:-

"Disposed of with a direction to the learned Executing Court concerned, to in terms of the conclusive, and, binding decision as made on the application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana), hence make a decision on the apposite execution petition, as, carried in Annexure P-2. The said decision be ensured to be made within 6 weeks from today, but after hearing the judgment debtor(s) concerned."

2. However, it it stated, at the bar, by the learned State counsel,

that a day prior to the making of the order (supra), an application was

instituted before the learned Assistant Collector concerned, by the

encroachers concerned, seeking the setting aside of the order, whereby they

had been proceeded against ex parte, but leading to an ex parte verdict of

eviction, being made against them, in respect of the petition land.

3. Therefore, in the larger interest of justice, and, to ensure, that

the judgment debtors concerned, are not adversely prejudiced through this

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Court yet insisting upon the order (supra) being enforced by the learned

Executing Court concerned, despite the above application being subjudice

before the Assistant Collector concerned. Resultantly, the order made by this

Court (supra), may not be enforced till a lawful decision on the said

application is made by the learned Assistant Collector concerned.

Moreover, it is further clarified that the order (supra), may carry the requisite

effect, only when a binding, and, conclusive decision, in accordance with

law, is made, upon the petition filed by the aggrieved concerned, under

Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961,

before the Assistant Collector concerned. Moreover, the Assistant Collector

concerned, wherebefore the said application is filed, is directed to make a

lawful decision on the said application but after hearing all the affected

persons concerned, but positively within 8 weeks from today.

5. With the afore observations, the instant petition is disposed of.

(SURESHWAR THAKUR) JUDGE

(KULDEEP TIWARI) JUDGE April 13, 2023 Ithlesh

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

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