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(2022) Law Today Live Doc. Id. 16617 = 2022(1) L.A.R. 263
Decided on: 30.03.2022
Present:
Mr. Vikram Singh, Advocate for the appellant.
Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 7(2), 13AA (2) (Haryana) – Constitution of India, Article 226 -- Eviction proceeding -- Question of title pending in revision – Writ jurisdiction -- Contention that in case the proceedings u/s 7(2) of the Act is finalised prior to the decision in the revision petition, the petitioners are 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)
Cases referred:
1. Ishwar Chand and others Vs. State of Haryana and others, CWP-24413-2021 dated 10.02.2022.
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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 22.04.2022. 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 petitioners, the petitioners are 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 may be decided on the next date of hearing by the Financial Commissioner Revenue, as also other ten revision petitions connected thereto i.e. ROR No.137 of 2017-18, ROR No.138 of 2017-18, ROR No.139 of 2017-18, ROR No.140 of 2017-18, ROR No.141 of 2017-18, ROR No.142 of 2017-18, ROR No.143 of 2017-18, ROR No.144 of 2017-18, ROR No.162 of 2017-18, ROR No.164 of 2017-18 and ROR No.145 of 2017-18, which have been decided by a common order by the competent authority.
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 petitions are pending, to consider and decide the said revision petitions on the next date of hearing which is purported to be on 22.04.2022 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.
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