Citation : 2023 Latest Caselaw 12531 P&H
Judgement Date : 9 August, 2023
Neutral Citation No:=2023:PHHC:104209
233-2 2023:PHHC:104209
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-27409-2018
Date of decision: 09.08.2023
Abhay Ram ..... Petitioner
versus
State of Haryana and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present:- Mr. S.K. Kaushik, Advocate for the petitioners.
Mr. Rajneesh Chadwal, AAG, Haryana.
RAJESH BHARDWAJ J. (ORAL)
Prayer in the present petition is for issuance of direction to
the official respondent for entering/recording the mutation of land which
was allotted to the petitioner vide Allotment Letter dated 28.11.1977 in
view of the fact that petitioner/allottee has already deposited the entire
amount along with interest with regard to the land allotted to him making
him the owner of land.
It has been contended by counsel for the petitioner that for
the redressal of grievance of the petitioner, he already filed a application
dated 01.02.2014, however, the same is pending consideration before the
respondent-authorities. He has submitted that the matter is squarely
covered by the decision of CWP-4418 of 2021 titled as Parmeshwari @
Panmeshwari Vs. State of Haryana and others decided on 19.04.2022
wherein it was held that delay in deposit of installments would not
deprive the allottee of his right to allotment as a landless person. The
only remedy available to the State is to recover the installments as
arrears of land revenue. He submits that the case of the
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Neutral Citation No:=2023:PHHC:104209
CWP-27409-2018 -2- 2023:PHHC:104209
petitioners is also at par with the petitioners in CWP-4418-2021. Learned
counsel for the petitioners further submits that the representations were
filed time and again however, no decision on the same has been taken so
far.
After hearing counsel for the parties, the present petition is
disposed of with direction to respondent No.2 that in case the application
dated 01.02.2014 (Annexure P-5) is not decided till date, the same be
decided keeping in view the contentions raised by counsel for the
petitioners.
The respondent would be at liberty to hear the petitioners and
appreciate the submissions made by them including the applicability of
the judgment to his case and decide the same (if not already decided )
with an independent mind within a period of 04 weeks from today.
( RAJESH BHARDWAJ )
09.08.2023 JUDGE
m. sharma
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:104209
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