Punjab-Haryana High Court
Pradeep Kumar Sharma vs State Of Haryana And Others on 22 May, 2013
Author: Ajay Kumar Mittal
Bench: Ajay Kumar Mittal, Gurmeet Singh Sandhawalia
CWP No.11189 of 2013 1
THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.11189 of 2013
Date of decision: 22.05.2013
Pradeep Kumar Sharma
-----Petitioner
Vs.
State of Haryana and others
----Respondents
CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
HON'BLE MR. JUSTICE GURMEET SINGH SANDHAWALIA
Present:- Mr. Amit Rawal, Sr. Advocate with
Mr. Gaurav Rana, Advocate for the petitioner.
Ajay Kumar Mittal,J.
1. The petitioner has approached this Court through the present writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent Nos. 1 to 8 to restore the ownership/possession of piece of land measuring 2 kanals 2 marlas situated at Village Ankhir, Tehsil Ballabhgarh, District Faridabad, purchased by late Smt.Krishna Devi, his mother vide sale deed dated 8.8.1984. A further direction has been sought to take action against the erring officials for not effecting the entries in the name of Smt. Krishna Sharma in subsequent CWP No.11189 of 2013 2 Jamabandis.
2. The facts in brief, as narrated in the petition, relevant for the decision of the controversy involved, may be noticed. Smt. Krishna Sharma, mother of the petitioner purchased a piece of land measuring 2 kanals 2 marlas at Mauja Ankhir, Tehsil Ballabgarh, District Faridabad from one Mehar Chand, father of respondent Nos. 9 and 10 vide registered sale deed dated 8.8.1984, Annexure P.1. Mutation was sanctioned in the name of Smt.Krishna Sharma on 31.8.1984. Later on she visited the site of land and also met revenue officials who assured that the demarcation shall be made on the initiation of partition proceedings on behalf of the original seller of the land. After the demise of mother of the petitioner in the year 1992, father of the petitioner late Shri S.R.Sharma visited Faridabad, met the revenue officials and requested them to hand over the latest Jamabandi carrying the name of his wife Smt.Krishan Sharma. The revenue officials did not give a suitable response. He wrote letters to different administrative authorities, Annexures P.5 to P.7 but no action was taken. He died in the year 2005. Thereafter, the petitioner started making enquiry about the status of the land but of no use. On 17.8.2007, he submitted an application, Annexure P.8 to the Public Information Officer, Faridabad with regard to the status of the land. The Public Information Officer-cum-SDO (Civil) gave incomplete information vide letter dated 29.10.2007, Annexure P.9. On 14.3.2008, the petitioner filed an appeal before the first appellate authority against the order of the Public Information officer, CWP No.11189 of 2013 3 Faridabad. Vide order dated 13.5.2008, Annexure P.11, the first appellate authority directed the Public Information officer to supply complete information to the petitioner within seven days. On 30.6.2008, the petitioner went to his village to enquire about the status of land and came to know that land had already been sold fraudulently in connivance with the Patwari and Tehsildar etc. Accordingly representation dated 30.6.2008, Annexure P.12 was made to SSP, Faridabd for registration of FIR against Mehar Chand, Mohan Singh, Numberdar, Halqa Patwari, Halqa Kanungo and Tehsildar of the area under Sections 406/420/467/468/471/120-B IPC. However, no action thereon was taken by the police authorities. The petitioner filed an appeal before the State Information Commissioner, Haryana who vide order dated 30.1.2009, directed the Commissioner, Gurgaon Division and District Collector Faridabad to take appropriate action. The petitioner received letter dated 28.6.2010, Annexure P.14 from the Assistant Public Information Officer-cum- Tehsildar, Faridabad wherein it was admitted that the aforesaid land measuring 2 kanals 2 marlas was purchased by Smt. Krishna Sharma wife of Shri S.R.Sharma out of Shamlat Deh Village Mauza Ankhir, Tehsil Ballabhgarh, District Faridabad from one Mehar Chand son of Nihal Chand. It was further admitted that mutation No.1293, though sanctioned, could not be incorporated while preparing the Jamabandi for the year 1987-88 by mistake. Later on, Mehar Chand died and his property was inherited by his son Rajinder and daughter Raj Bala i.e. Respondent Nos. 9 and 10. According to the petitioner, taking CWP No.11189 of 2013 4 advantage of the intentional mistake of the revenue authorities, respondent Nos. 9 and 10 sold land measuring 8 kanals to Vimal Kumar son of Vidya Sagar vide sale deed dated 19.2.1998. They further sold remaining 8 kanals of land to Ashok Nath son of Rajeshwar Nath vide sale deed dated 19.2.1998. It was further intimated that the said land had already been acquired by the HUDA. The petitioner has neither been paid compensation nor action has been taken by the police authorities against the erring officials despite his representations. The petitioner even filed CWP No.1532 of 2011 which was dismissed as withdrawn vide order dated 27.1.2011, Annexure P.16 with liberty to take recourse to alternative remedy. On 14.1.2012, Annexure P.17, the petitioner approached the Deputy Commissioner for release of compensation. On 13.12.2012, Annexure P.20, the petitioner was informed by the Land Acquisition Officer that since the Jamabadi did not show the petitioner to be the rightful owner, the amount of compensation could not be awarded to him. Aggrieved thereby, the petitioner is before this Court through the present writ petition.
3. We have heard learned counsel for the petitioner and perused the record.
4. From the perusal of the narration of facts noticed above, it is evident that disputed questions of fact are involved herein. It would, thus, not be appropriate in writ jurisdiction to adjudicate the same as the factual matrix would require to be established by producing material evidence in that regard. Accordingly, this petition CWP No.11189 of 2013 5 is dismissed. However, the petitioner, if so advised, may avail remedy before the Civil Court or any other appropriate forum in accordance with law.
(Ajay Kumar Mittal)
Judge
May 22, 2013 (Gurmeet Singh Sandhawalia)
'gs' Judge