Punjab-Haryana High Court
Inderpal And Another vs State Of Haryana And Others on 20 March, 2024
Bench: Sureshwar Thakur, Lalit Batra
Neutral Citation No:=2024:PHHC:040173-DB
2024:PHHC:040173-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
116 CWP-6622-2024
Date of Decision: 20.03.2024
Inderpal and another
....Petitioners
Versus
State of Haryana and others
....Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MR. JUSTICE LALIT BATRA
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Present: Mr. M.S.Tewatia, Advocate
for the petitioners.
Mr. Ankur Mittal, Additional Advocate General, Haryana and
Mr. P.P.Chahar, Sr. Deputy Advocate General, Haryana.
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Sureshwar Thakur, J. (Oral)
1. Though binding and conclusive verdicts of eviction have been
rendered against the present petitioners, as are, respectively carried in
Annexures P-4 and P-5. Moreover, when the decree holder concerned, has
instituted an execution petition thus for seeking the execution of Annexures
(supra). However, the judgment debtors, who are the petitioners before this
Court, have attempted to resist the execution of the verdicts (supra), through
theirs making the instant petition before this Court, whereby they pray for
relief that a mandamus be passed upon co-respondent No.2 for the latter
considering the making of approval to the Panchayat Resolution Annexure
P/2.
2. Learned counsel for the petitioners submits that in terms of the
relevant rules besides in terms of the relevant notification, the dwelling unit of
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the present petitioners does fall within the permissible limits thereof, for
therebys the present petitioners becoming enabled to avail the benefit of the
said rules/notifications. However, he submits that the decree holders
concerned rather still pressing for executions being made of the annexure
(supra), thereupon gross injustice would be meted upon the present petitioners,
who were stated to be belonging to the Scheduled Caste category.
3. Though, the above ground may not be a viable ground for
creating an obstacle in the Executing Court concerned, drawing warrants of
possession, rather for therebys, vacant free delivery of the possession of the
disputed lands becoming made to the decree holder concerned.
4. Be that as it may, in view of the above and also if ultimately the
present petitioners are found to be covered by the relevant policy, whereupon
if yet the dwelling units are permitted to be demolished, thus, gross injustice
would be caused to them. Resultantly, for obviating the causing of gross
injustice to the present petitioners, this Court directs the co-respondent No.2
to, within the ambit of the relevant rules/notifications, thus, lawfully consider
the petitioners' representation Annexure P-3. A lawful decision on the said
representation Annexure P-3, shall be made within two months from today,
but after hearing all the affected persons concerned. It is expected that till the
said period the Executing Court may not proceed to draw warrants of
possession against the estates unlawfully occupied by the present judgment
debtors/petitioners before this Court.
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5. Disposed of accordingly.
(SURESHWAR THAKUR)
JUDGE
20.03.2024 (LALIT BATRA)
Varinder Prashad JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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