Punjab-Haryana High Court
Santokh Singh vs Director Gen Records Punjab on 21 November, 2014
Bench: Surya Kant, Raj Mohan Singh
HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CWP No.23938 of 2014 (O&M)
Date of Decision: 21.11.2014
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Santokh Singh ... Petitioner
VS.
Director, Land Records, Punjab & Ors. ... Respondents
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CORAM: HON'BLE MR.JUSTICE SURYA KANT
HON'BLE MR.JUSTICE RAJ MOHAN SINGH
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Present: Mr. Harsh Bunger, Advocate for the petitioner
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SURYA KANT, J. (Oral)
(1) Notice of motion to the official respondents i.e. respondents No.1 to 4 only, at this stage. On our asking, Mr. Rajender Goyal, Addl. AG Punjab accepts notice on their behalf. In view of the nature of order which we propose to pass, it is not necessary to call upon the official respondents to file their reply/affidavit.
(2) Heard learned counsel for the parties. The petitioner has filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 against the order dated 16.10.2014 passed by the Additional Deputy Director-cum-Assistant Director, Consolidation, Punjab in purported exercise of his powers under Section 21(4) of the Act. (3) The petitioner has questioned the legality and propriety of that order on various grounds but prominently on the plea of res V.VISHAL 2014.11.28 12:07 I attest to the accuracy and authenticity of this document CWP No.23938 of 2014 -2- judicata. The orders placed on record would reveal that prima facie the controversy was taken to its logical conclusion on more than two occasions but has been re-opened. While it is not expedient for us to express any views on merit as the main petition is still pending but the petitioner has undoubtedly made out a case where the operation of the order dated 16.10.2014 must be stayed. We order accordingly. The petitioner's dispossession thus, shall remain stayed till the petition is decided by the Director, Land Records, Punjab and even for a period of two weeks in case any adverse order is passed.
(4) The Director, Land Records, Punjab is directed to deal with the plea of res judicata while deciding the petition under Section 42 of the Act in accordance with law and after hearing all the parties.
(5) This order, however, shall not be taken as an expression of views on the merit of the case. If the private respondent(s) is/are aggrieved by this order, liberty is granted to them to move an appropriate application(s).
(6) The writ petition stands disposed of in above terms.
(Surya Kant)
Judge
21.11
21.11.2014
.11.2014 (Raj Mohan Singh)
Singh)
vishal shonkar
Judge
V.VISHAL
2014.11.28 12:07
I attest to the accuracy and
authenticity of this document