Punjab-Haryana High Court
Jatia Samaj Vikas Samiti vs Tehsil Sales & Anr on 17 January, 2020
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
CR-7497-2013 (O&M), CR-7513-2013 (O&M) and
CR-7862-2019 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1. CR-7497-2013 (O&M)
Date of decision : 17.01.2020
Jatia Samaj Vikas Samiti Regd. Jhajjar
...Petitioner
Versus
Tehsil Sales (Rehabilitation Department), Jhajjar and another
...Respondents
2. CR-7513-2013 (O&M)
Date of decision : 17.01.2020
Jatia Samaj Vikas Samiti Regd. Jhajjar
...Petitioner
Versus
Subash and another
...Respondents
3. CR-7862-2019 (O&M)
Date of decision : 17.01.2020
Tehsildar Sales (Rehabilitation Department), Jhajjar
...Petitioner
Versus
Jatia Samaj Samiti Regd. Jhajjar and another
...Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Sanjay Mittal, Advocate for the petitioner
(In CR Nos.7497 and 7513 of 2013)
for respondent No.1 (In CR No.7862 of 2019)
1 of 3
::: Downloaded on - 03-02-2020 03:47:37 :::
CR-7497-2013 (O&M), CR-7513-2013 (O&M) and
CR-7862-2019 (O&M) -2-
Mr. Sandeep Kotla, Advocate
for respondent No.1 (In CR No.7513 of 2013)
for respondent No.2 (In CR-7497-2013 & CR-7862-2019)
Mr. D. Khanna, Addl. A.G. Haryana alongwith
Mr. Vijay Kumar, Kanungo, Jhajjar.
****
ANIL KSHETARPAL, J. (ORAL)
By this order, three revision petitions bearing CR Nos.7497 and 7513 of 2013 and CR No.7862 of 2019 shall stand disposed of.
Two revision petitions i.e. CR Nos.7497 and 7513 of 2013, have been filed by Jatia Samaj Vikas Samiti Regd. Jhajjar, assailing the correctness of the order passed by the Rent Controller, directing Subash to deposit the arrears of rent with the Government Treasury. This order has been passed, keeping in view the fact that the land underneath the tenanted premises belongs to the Government.
Learned counsel for the petitioner contends that he is a landlord, therefore, entitled to recover the rent.
Revision Petition bearing CR-7862-2019 has been filed by the Tehsildar Sales (Rehabilitation Department), Jhajjar, contending that the amount cannot be paid to Jatia Samaj Vikas Samiti Regd. Jhajjar, petitioner in CR Nos.7497 and 7513 of 2013, as land underneath belongs to the State Government.
During the course of hearing, learned counsel for the parties have arrived at consensus.
It is undisputed that Jatia Samaj Vikas Samiti Regd. Jhajjar as well as Subash had applied for allotment to the State Government. Such 2 of 3 ::: Downloaded on - 03-02-2020 03:47:37 ::: CR-7497-2013 (O&M), CR-7513-2013 (O&M) and CR-7862-2019 (O&M) -3- applications filed by the aforesaid are pending before the competent authority for 28.01.2020. Learned State counsel has made this statement, on instructions from Mr. Vijay Kumar, Kanungo, Jhajjar.
Learned counsels have jointly prayed that let the amount remain in the Treasury, as it is, till the competent authority takes the decision on the applications, so submitted for allotment.
Learned counsel representing Subash has undertaken to continue depositing the rent in the Government Treasury till the decision of the applications referred to above.
In view of the above, all the revision petitions are disposed off. All the pending miscellaneous applications, if any, are disposed of, in view of the abovesaid judgment.
17.01.2020 (ANIL KSHETARPAL)
Pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
3 of 3
::: Downloaded on - 03-02-2020 03:47:37 :::