Preet Pal And Others vs State Of Haryana And Others
2024 Latest Caselaw 269 P&H

Punjab-Haryana High Court

Preet Pal And Others vs State Of Haryana And Others on 8 January, 2024

Author: Sudeepti Sharma

Bench: Sudeepti Sharma

                                                                               2024:PHHC:000805

                           119

                                 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                CHANDIGARH

                                                                        CR-7427-2023 (O&M)
                                                                        Date of Decision : 08.01.2024

                           Preet Pal and Others                                   ....Petitioners

                                                             VERSUS

                           State of Haryana and Others                              ....Respondents


                           CORAM : HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

                           Present: Mr. Chanderhas Yadav, Advocate for the petitioners.
                                                         -.-
                           SUDEEPTI SHARMA, J. (Oral)

1. The petitioners are asking for quashing of order dated

20.11.2023 (Annexure P-5) passed by the learned Additional Civil Judge

(Senior Division), Nuh, vide which the application filed by the petitioners

under Order 7 Rule 11 CPC, was dismissed.

2. Learned counsel for the petitioners contends that without

appreciating Section 18 of the Haryana Ceiling on Land Holdings Act,

1972, the application of the petitioners has been dismissed. In support of his

contention he placed reliance upon the judgments passed in Meg Raj

(dead) Thr. L.Rs. & Ors. Vs. Manphool (Dead) Thr. L.Rs & Ors [2019

(2) R.C.R (Civil) 649]; Devinder Singh & Ors. Vs. State of Haryana &

Anr. [2006(3) R.C.R. (Civil) 491]; Radhey Sham and Others Vs. State

of Haryana and Others [2016(5) R.C.R (Civil) 306], Surinder Singh and

Another Vs. The Prescribed Authority (S.D.O Civil) Mahendergarh

and Others [2012(1) R.C.R (Civil) 542 and Manjit Singh Vs. Major

Singh & Others (CR-2100-2019, decided on 21.11.2022).

                                                                                 2024:PHHC:000805

                           CR-7427-2023 (O&M)                                         -2-

3. I have heard learned counsel for the petitioners.

4. Without going into the merits of the present case, the

impugned order dated 20.11.2023 (Annexure P-5) is set aside and the

present petition is disposed of with a liberty to the petitioners to move a

fresh application before the Learned Court below along with the judgments

cited and all the written submissions. Learned Additional Civil Judge

(Senior Division), Nuh, is directed to decide the application of the

petitioners afresh by taking into consideration the legal provisions as well as

the law cited by the petitioners within a period of two weeks from today, by

passing a detailed speaking order. It is further directed that before deciding

the above mentioned application, he should not proceed further in the case.

5. Disposed of. Pending applications, if any, also stand disposed

off.

                           January 8, 2024                                 (SUDEEPTI SHARMA)
                           tripti                                                JUDGE


                                   Whether speaking/non-speaking : Speaking
                                   Whether reportable             : Yes/No