Ramji Lal vs State Of Haryana And Ors
2023 Latest Caselaw 15324 P&H

                        CWP-1755-2017 (O&M)                                                    -1-
                                                       Neutral Citation No. 2023:PHHC:117339

                        104
                               IN THE HIGH COURT OF PUNJAB AND HARYANA
                                             AT CHANDIGARH

                                                       CWP-1755-2017(O&M)
                                                       Date of Decision: September 06, 2023

                        Ramji Lal                                           ......Petitioner
                                          Versus
                        State of Haryana and others                          ......Respondents

                        CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

                        Present:Mr.R.S.Mamli, Advocate, for the petitioner.
                                Ms.Upasana Dhawan, AAG, Haryana.
                                Mr.Robin Dutt, Advocate,for respondents No.6 and 7.
                                     ........

RAJESH BHARDWAJ, J.(ORAL)

CM-15081-CWP-2023

For the reasons mentioned in the application, the same is

allowed. Replication is taken on record.

Main case

Petitioner has approached this Court praying for issuance of

directions to respondents No.2 to 5 to implement the order, dated

07.06.2010, Annexure P-5, passed by respondent No.4, in letter and spirit. It

is further prayed to direct the official respondents to restrain respondents

No.6 and 7 from acquiring undue enrichment anymore in respect of the land,

which has already been declared surplus by the competent authorities under

the Act.

It has been submitted by counsel for the petitioner that

petitioner was the tenant on the land since long. He has submitted that

learned Collector in the order dated 07.06.2010 had concluded that after

deducting 10 standard acre and 11½ units area of land, which stood

sold/acquired/changed ownership, area measuring 66 standard acre and 2½ MEENU 2023.09.15 15:11 I attest to the accuracy and integrity of this order/judgment CWP-1755-2017 (O&M) -2-

Neutral Citation No. 2023:PHHC:117339

unit was left. Out of which land owner Mandir Luxmi Narayana, Village

Jaroda was allowed 30 standard acre its reserve area whereas the remaining

30 standard acre and 2½ unit area had been declared surplus (tenants

permissible area). He has submitted that once it has been found that 30

standard acre and 2½ units was surplus area, the petitioner is entitled for the

allotment of the land out of the surplus area. He further submits that for

redressal of his grievances, he had sent a Legal Notice as well on

05.12.2016, which is Annexure P-9, however, no action has been taken on

the same till date. However, he fairly submits that he would file a fresh

representation before Deputy Commissioner or the prescribed Authority for

redressal of his grievances, and the same be decided expeditiously.

However, learned State counsel has submitted that the order

dated 07.06.2010 passed by learned Collector had already been challenged

by way of filing the appeal and the same was dismissed.

After hearing counsel for the parties, the present petition is

disposed of with liberty to the petitioner to file an appropriate representation

for redressal of his grievances before respondent No.4, i.e. the Collector

Agrarian/SDM Jagadhri, District Yamuna Nagar/Prescribed Authority,

within ten days from the date of receipt of certified copy of this order and if

any such application/representation is filed, the same would be decided by

the said Authority as per law within four weeks from the date of its receipt.

                         September 06, 2023                       ( RAJESH BHARDWAJ )
                         meenuss                                         JUDGE
                         1.   Whether speaking/reasoned ?         Yes/No
                         2.   Whether reportable ?                Yes/No
MEENU
2023.09.15 15:11
I attest to the accuracy and
integrity of this
order/judgment