Rajinder Singh And Anr vs State Of Haryana And Others
2023 Latest Caselaw 12545 P&H

                                                   Neutral Citation No:=2023:PHHC:103267




CWP-24201-2022                   1               2023:PHHC:103267

      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                   CHANDIGARH
                      ***

CWP-24201-2022 Date of decision : 09.08.2023

Rajinder Singh and another

... Petitioners

Versus

State of Haryana and others

... Respondents

CORAM: HON'BLE MR.JUSTICE VIKAS BAHL

Present: Mr.G.C. Shahpuri, Advocate for the petitioners.

Ms.Palika Monga, DAG, Haryana for respondents no.1 and 2.

Mr.Himmat Singh, Advocate for respondent no.3.

VIKAS BAHL, J.(ORAL)

1. This is a civil writ petition filed under Articles 226/227 of the

Constitution of India for issuance of a writ, order or direction especially in

the nature of certiorari for quashing the impugned order dated 28.09.2022

(Annexure P-8) passed by respondent no.2 whereby transfer deed got

executed by respondent no.3 in favour of petitioner no.1 and respondent

no.4 in equal share has been ordered to be cancelled.

2. Learned State counsel as well as private respondent has

submitted that in view of the judgment passed by the Hon'ble Division

Bench of this Court in Paramjit Kumar Saroya Vs. Union of India and

another, reported as 2016(3) RCR (Civil) 146, an appeal is maintainable

against the order dated 28.09.2022 (Annexure P-8) before the appellate

Tribunal.

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3. Learned counsel for the petitioners has submitted that in view

of the same, the petitioners seek to withdraw the present petition with

liberty to file a statutory appeal, in accordance with law. It is prayed that

since the petitioners were pursuing the present petition, thus, in case they

file an appeal within a period of one month from today, the appellate

authority be directed not to dismiss the same solely on the ground of

limitation.

4. In view of the statement made by learned counsel for the

petitioners, the present petition is dismissed as withdrawn with the aforesaid

liberty. In case the petitioners file an appeal within a period of one month

from today, the appellate authority is directed not to dismiss the same solely

on the ground of limitation.

(VIKAS BAHL) JUDGE August 09, 2023 Davinder Kumar

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

Neutral Citation No:=2023:PHHC:103267

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