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Sarita And Others vs Divisional Commissioner, Ambala ...
2024 Latest Caselaw 9388 P&H

Citation : 2024 Latest Caselaw 9388 P&H
Judgement Date : 1 May, 2024

Punjab-Haryana High Court

Sarita And Others vs Divisional Commissioner, Ambala ... on 1 May, 2024

Author: Rajesh Bhardwaj

Bench: Rajesh Bhardwaj

                                Neutral Citation No:=2024:PHHC:059761



                                                          2024:PHHC:059761
123
           THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                        CWP No.9959 of 2024
                                        Date of Decision: 01.05.2024

Sarita and others
                                                            ..... Petitioners

                                    Versus

Divisional Commissioner, Ambala Division,
Ambala and others                                         ..... Respondents


CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ

                    ***
Present:     Mr. Deepanshu Matya, Advocate
             for the petitioners.
                    ***

RAJESH BHARDWAJ, J. (ORAL)

1. Present writ petition has been filed for directing respondent

No.1 to decide the revision petition preferred by respondents No.2 to 4

bearing Executive Revision No.68 of 2021-2022 instituted on 21.12.2021

i.e. Annexure P-5 pending before respondent No.1 preferred against order

dated 24.03.2021 passed by District Revenue Officer-cum-Collector

Ambala i.e. Annexure P-4 vide which the objections filed by respondents

No.2 to 4/Judgment Debtors were dismissed expeditiously in a time

bound manner in view of grounds mentioned in the petition and in the

interest of equity, justice and good conscience.

2. It has been submitted by learned counsel for the petitioners

that the petitioners purchased the suit land measuring 59 kanals 6 marlas

and 12 kanals vide two different sale deeds dated 23.12.2009

and 29.08.2010, respectively from its original owners i.e. proforma

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Neutral Citation No:=2024:PHHC:059761

CWP No.9959 of 2024 -2- 2024:PHHC:059761

respondents. He has further submitted that the original owners/proforma

respondents filed a petition qua 31 kanals 16 marlas land for ejectment on

account of non payment of rent and the said petition was accepted. He

has submitted that thereafter proforma respondents filed the execution

application. He submits that respondents No.2 to 4 filed objections in the

execution petition, which were dismissed on 24.03.2021 by the

concerned District Revenue Officer-cum-Collector, Ambala. He submits

that thereafter the judgment debtor preferred the revision petition before

the learned Commissioner, Ambala Division against the order dated

24.03.2021, which is pending adjudication before respondent No.1 since

2021. He submits that there is an interim stay also granted in the same.

He submits that till date, there is no substantial progress in the revision

petition and the same is being prolonged by the respondents. He submits

that now the case is fixed for further hearing on 08.05.2024.

3. Notice of motion to the official respondents at this stage.

4. On asking of the Court, Ms. Upasna Dhawan, AAG,

Haryana appears and accepts notice on behalf of the respondents-State.

5. Heard.

6. On hearing learned counsel for the parties and perusing the

record, it is apparent that the case was already decided in favour of the

petitioners by the Sub Divisional Magistrate, Ambala and the revision

petition is pending since 2021, which is fixed for 08.05.2024.

7. In view of the above position, the present petition is

disposed of with a direction to respondent No.1 i.e. Divisional

Commissioner, Ambala Division, Ambala to decide the revision petition

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Neutral Citation No:=2024:PHHC:059761

CWP No.9959 of 2024 -3- 2024:PHHC:059761

pending before him after hearing both the sides expeditiously within a

period of two months from the date already fixed i.e. 08.05.2024, in

accordance with law.




                                                    (RAJESH BHARDWAJ)
                                                          JUDGE
01.05.2024
rittu
             Whether speaking/reasoned          :     Yes/No
             Whether reportable                 :     Yes/No




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