Bhagat Singh And Anr vs State Of Haryana And Others
2023 Latest Caselaw 16694 P&H

                        CWP-34749-2019(O&M)                                                        -1-
                                                               Neutral Citation No. 2023:PHHC:125708

                        105(2 cases)
                             IN THE HIGH COURT OF PUNJAB AND HARYANA
                                           AT CHANDIGARH

                                                         CWP-34749-2019(O&M)
                                                         Date of Decision: September 25, 2023

                        Bhagat Singh and another                               ......Petitioners
                                          Versus
                        State of Haryana and others
                                                                               ......Respondents

                        CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

                        Present:     Ms.Anu Garg, Advocate for
                                     Mr.V.P.Sangwan, Advocate
                                     for the petitioners.

                                     Ms.Upasana Dhawan, AAG, Haryana.

                                     Mr.Sumit Sangwan, Advocate
                                     for respondents No.3, 4, 10, 13, 15, 16, 16, 27 and 30.
                                            ........

RAJESH BHARDWAJ, J.(ORAL)

Petitioners have approached this Court praying for quashing of

all the partition proceedings as well as to quash the Mode of Partition, dated

19.12.2018, Annexure P-9, and Partition Certificate, dated 29.05.2019,

Annexure P-10, and alleged possession proceedings, dated 02.08.2019,

Annexure P-11, as the same are got done secretly, fraudulently and without

any notice, as the land given on lease for establishing stone crusher for 20

years has wrongly and illegally partitioned and allotted to respondent No.3.

It is further prayed to stay the operation of the impugned partition certificate,

dated 29.05.2019, Annexure P-10, or the co-sharers/co-owners be directed to

maintain status quo over the land in dispute.

Learned counsel for the petitioners prays for withdrawal of the

present case with liberty to the petitioners to avail the alternative remedy of MEENU 2023.09.26 10:21 I attest to the accuracy and integrity of this order/judgment CWP-34749-2019(O&M) -2-

Neutral Citation No. 2023:PHHC:125708

filing appeal before the Commissioner. However, he prays that learned

Commissioner be directed to condone the delay in filing the appeal as the

case has remained pending before this Court since the year 2019.

In view of the prayer made by learned counsel for the

petitioners, the present petition is dismissed as withdrawn with liberty to the

petitioners to avail the alternative remedy of approaching the authority

concerned for the redressal of their grievances. However, the concerned

Authority is directed to decide the issue pertaining to delay sympathetically

by considering the fact that the matter remained pending in this Court since

the year 2019.

                        September 25, 2023                           ( RAJESH BHARDWAJ )
                        meenuss                                             JUDGE

                        1.     Whether speaking/reasoned ?           Yes/No
                        2.     Whether reportable ?                  Yes/No




MEENU
2023.09.26 10:21
I attest to the accuracy and
integrity of this
order/judgment