Punjab-Haryana High Court
Rajbir vs State Of Haryana And Others on 11 March, 2024
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
Neutral Citation No:=2024:PHHC:034330-DB
CWP-3685-2024 (O&M) 1 2024:PHHC:034330-DB
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
113
CWP-3685-2024 (O&M)
Date of Decision: 11.03.2024
Rajbir
..... Petitioner
Versus
State of Haryana and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
Present: Ms. Hanima Grewal, Advocate,
for the petitioner.
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SURESHWAR THAKUR, J. (ORAL)
1. A decree of eviction was passed in favour of the present
petitioner decree-holder and qua other co-decree-holders in a petition for
eviction filed against respondent No.7 Bhim Singh and also against Gram
Panchayat village Tiharaa Kalan. The said decree is enclosed as Annexure
P-1. Annexure P-1 ordered for the removal of the encroachments as became
made by the principal decree-holder, inasmuch as, by co-respondent No.1
on gair mumkin(s) street, respectively bearing No. 179/2 and No. 116/1. The
encroacher upon the Gali(s) concerned, namely Bhim Singh was ordered to
ensure qua his removing the encroachments as became made by him, over
the above Gali(s) concerned.
2. Bhim Singh made an appeal against Annexure P-1 before the
Collector concerned, who however, did not accept the statutory appeal No.
13/DC of 2016, and rather proceeded to through his drawing Annexure P-2
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affirm Annexure P-1.
3. Today, it is submitted by the learned State counsel, on
instructions by the officer concerned, that both Annexure P-1 & P-2 have
acquired binding and conclusive effect and as no writ petition there against
has been instituted by the aggrieved concerned, thus, before this Court.
4. Resultantly, therebys Annexure P-1 & P-2 were required to be
successfully and completely enforced. Though, the learned State counsel
had earlier submitted that the said Annexures become(s) completely and
successfully executed, but the learned counsel for the petitioner, had
contested the said submissions and thereby this Court was led to make the
hereinabove extracted order on 29.02.2024, upon, the jurisdictional Deputy
Commissioner concerned :
"1. As prayed for by the learned Deputy Advocate
General, Haryana, he is directed to place on record an
affidavit sworn by the jurisdictional Deputy Commissioner
concerned, with speakings therein that the binding and
conclusive verdict of eviction has been successfully and
completely enforced against the judgment debtors concerned.
2. List on 11.03.2024."
3. In terms of the above order, the jurisdictional Deputy
Commissioner has filed an affidavit, whereins, he has declared that the said
Gali(s), have been freed from all encroachments.
4. If yet the present decree-holder has any grievance from any re-
encroachments or reconstruction being made thereover by the very same
judgment debtor namely one Bhim Singh, then he is at liberty to re-institute
a fresh eviction petition against one Bhim Singh, before the jurisdictional
Executing Court, who on receiving the same, shall pass a lawful decision
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thereon, within a period of one month from this preferment but after hearing
all the parties concerned.
5. Disposed of accordingly.
6. All pending applications, if any, stand disposed of accordingly.
(SURESHWAR THAKUR)
JUDGE
(SUKHVINDER KAUR)
JUDGE
11.03.2024
Satyawan
1. Whether speaking/reasoned: Yes/No
2. Whether reportable: Yes/No
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