Singh Ram vs State Of Haryana And Ors
2024 Latest Caselaw 5970 P&H

Punjab-Haryana High Court

Singh Ram vs State Of Haryana And Ors on 15 March, 2024

Author: G.S. Sandhawalia

Bench: G.S. Sandhawalia

                                                     Neutral Citation No:=2024:PHHC:037311-DB




                                           Neutral Citation No. 2024:PHHC:037311-DB

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

(101)                                             CWP-637-2021
                                                  Decided on : 15.03.2024

Singh Ram

                                                                      ......Petitioner(s)
                                         Versus

State of Haryana and others

                                                                 ......Respondent(s)


CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA,
        ACTING CHIEF JUSTICE
        HON'BLE MRS.JUSTICE MANISHA BATRA

Present:    Mr. Harkirat Singh, Advocate for
            Mr. Vikram Singh, Advocate for the petitioner.

            Mr. Deepak Balyan, Additional Advocate General, Haryana.

                *****

G.S. Sandhawalia, Acting Chief Justice (Oral)

The issue in the present writ petition filed under Article 226/227

of the Constitution of India is whether the ownership of the land in dispute

would revert back to the landowners on account of the fact that it has come

within the municipal limits. Resultantly, the mutation sanctioned in favour of

the Municipal Committee, Pehowa is subject matter of challenge. The

proceedings of this petition were deferred on 10.12.2021, on account of the

fact that Civil Appeal No.6990 of 2014 was listed before the Apex Court.

2. It is not disputed that in State of Haryana through Secretary to

Government of Haryana Vs. Jai Singh & others, AIR 2020 (SC) 1718, the

matter now stands decided. Reliance in the writ petition had been placed upon

the judgment of the Full Bench passed in Jai Singh Vs. State of Haryana and

others, 2003 (2) RCR (Civil) 578. Resultantly, the Apex Court has held that

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Neutral Citation No:=2024:PHHC:037311-DB

the management and control of such land vested with the Panchayat and there

is no question of reverting the land to the proprietors and that if the whole or

part of the Panchayat area comes within the municipal limits, the land should

vest with the municipality and would not revert back to the proprietors. The

Apex Court, thus, allowed the appeals filed by the State.

3. The case was earlier adjourned on 19.12.2023, only on account of

the fact that the review was pending before the Apex Court. Resultantly, once

the matter stands covered, we are of the considered opinion that no further

directions are liable to be issued. However, liberty is given to the petitioner to

move an appropriate application, in case the review application is allowed.

4. The writ petition stands disposed of, accordingly.

(G.S. SANDHAWALIA) ACTING CHIEF JUSTICE

(MANISHA BATRA) 15.03.2024 JUDGE Naveen

Whether speaking/reasoned : √Yes No Whether Reportable : Yes √No

Neutral Citation No:=2024:PHHC:037311-DB

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