Narinder Kaur vs State Of Haryana And Others
2023 Latest Caselaw 16693 P&H

                                                    Neutral Citation No:=2023:PHHC:126139




                                                       2023:PHHC:126139
127
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH


                                          CWP No.21449 of 2023
                                          Date of Decision : 25.09.2023

Narinder Kaur
                                                                ..... Petitioner

                         Versus

State of Haryana and others
                                                            ..... Respondents

CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ

                   ***
Present:    Mr. Sangram Singh Saron, Advocate with
            Mr. Nikhil Sabharwal, Advocate
            for the petitioner.

            ***
RAJESH BHARDWAJ, J. (Oral)

Present writ petition has been filed for issuance of a writ in the

nature of mandamus directing the respondents (Revenue Authorities) to

rectify/update the revenue records (Jamabandi and Khasra Girdawari)

pertaining to the land in question in accordance with the judgment and

decree dated 31.03.2011 (Annexure P-1) passed by the learned trial Court,

Faridabad, which was upheld up to his Court vide order dated 22.07.2019

(Annexure P-2) whereby the suit filed by the petitioner for possession of

the property in question on the basis of redemption of mortgage, was

decreed, and upon payment of the mortgage money by the petitioner, the

Warrants of possession dated 19.03.2015 (Annexure P-3) regarding the

property in question were issued by the learned trial Court, pursuance to

which, possession of the entire property was handed over to the petitioner

on 31.03.2015 vide Rapat Roznamcha dated 31.03.2015 (Annexure P-4)

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which was followed by the passing of final decree dated 15.04.2015

(Annexure P-6) passed by the learned trial Court affirmed by the learned

Appellate Court vide order dated 18.08.2018 (Annexure P-8) eventually

attaining finality; whereas despite the passage of more than eight years

since obtaining possession and numerous representations made by the

petitioner over the years, the Revenue Authorities have failed to rectify the

revenue records to accurately reflect the title and possession of the

petitioner over the property in question resulting unwarranted and

prolonged harassment to the petitioner due to the inaction of the respondent

authorities and depriving the petitioner right to her property.

Learned counsel for the petitioner submits that for the

redressal of her grievance, the petitioner has already filed representation

dated 26.07.2023 (Annexure P-15) before respondent No.2 but no action

has been taken on the same till date.

Notice of motion.

On asking of the Court, Ms. Upasna Dhawan, AAG, Haryana

appears and accepts notice on behalf of the respondents.

Heard.

Learned State counsel fairly submits that the representation

allegedly filed by the petitioner is not traceable. She further submits that if

any representation is filed by the petitioner, the same would be decided

keeping in view the overall facts and circumstances of the case.

Learned counsel for the petitioner submits that the petitioner

be allowed to file a fresh representation before respondent No.3, who

would decide the same in a time bound manner.

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CWP No.21449 of 2023             -3-                  2023:PHHC:126139

In view of the above, the present petition is disposed of with

liberty to the petitioner to file appropriate representation before respondent

No.3 within a week from today. In case any such representation is filed by

the petitioner within a week from today, then respondent No.3-District

Revenue Officer Faridabad is directed to decide the same in accordance

with law within a period of four weeks from the date of its receipt.

                                               (RAJESH BHARDWAJ)
                                                     JUDGE
25.09.2023
rittu
             Whether speaking/reasoned         :      Yes/No
             Whether reportable                :      Yes/No




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