Please Log in / Register to access the full text of this judgment and the entire database
(2022) Law Today Live Doc. Id. 16631 = 2022(1) L.A.R. 274
Decided on: 06.04.2022
Present:
Mr. S.P. Arora, Advocate for the petitioner.
Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 7(2), 13AA(2) (Haryana) – Constitution of India, Article 226, 227 -- Eviction proceedings – Revision for title dispute pending – Effect of -- Contends that in case the proceedings u/s 7(2) of the Act which have been preferred by the private respondents is finalised prior to the decision in the revision petition, the petitioner is likely to loose the possession of the land in question without there being any decision on the title – Direction issued to the F.C. Revenue to consider and decide the said revision petitions on the next date of hearing and in case it is not possible to do so on the said date, it may be done within a further period of one week thereafter.
(Para 1-5)
***
AUGUSTINE GEORGE MASIH, J. (ORAL) –
1. Learned counsel for the petitioner submits that the proceedings are pending before the Financial Commissioner Revenue under Section 13AA (2) of the Punjab Village Common Lands (Regulation) Act 1961 (hereinafter referred as 'the Act') for the title suit which was initiated for claiming title for the land in question. The next date of hearing therein is 22.07.2022. Counsel for the petitioner with reference to the order dated 10.02.2022, passed by this Court in CWP-24413-2021 titled as 'Ishwar Chand and others Vs. State of Haryana and others' (Annexure P-4), contends that in case the proceedings under Section 7(2) of the Act which have been preferred by the private respondents is finalised prior to the decision in the revision petition which has been preferred by the petitioner, the petitioner is likely to loose the possession of the land in question without there being any decision on the title which claim is pending in the revision petition referred to above.
2. In light of these submissions, counsel contends that the revision petition preferred by the petitioner i.e. ROR No.163 of 2017-18 may be decided on the next date of hearing by the Financial Commissioner Revenue.
3. Notice of motion.
4. On the asking of the Court, Ms. Rajni Gupta, Addl. A.G., Haryana accepts notice on behalf of the respondents-State.
5. A direction is issued to the Financial Commissioner Revenue, before whom the above referred to revision petition is pending, to consider and decide the said revision petitions on the next date of hearing which is purported to be on 22.07.2022 and in case it is not possible to do so on the said date, it may be done within a further period of one week thereafter.
6. With the above observations, the present writ petition stands disposed of accordingly.
Order accordingly.
********